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2015 (4) TMI 830 - HC - Income TaxAddition under Section 41(1) - ITAT deleted the addition - Held that:- In the present case there was no remission and / or cessation of the liability during the previous year relevant to the assessment year under consideration. As such, there is no remission and / or cessation of the liability during the year under consideration subject to the conditions contained in the statute being fulfilled. Under the circumstances, as such, no error has been committed by the learned Tribunal in deleting the additions made under Section 41(1) of the Act. The proposed substantial questions of law with respect to deleting the addition made under Section 41(1) of the Act - Decided against the revenue. Additions made under Section 68 of unexplained labour charges - Tribunal restoring the ground relating to giving benefit of telescopic effect to the addition - Held that:- Restoring the grounds raised by the learned Tribunal with respect to the additions made under Section 68 of the Act of unexplained labour charges of ₹ 25,65,634/- is concerned, it is required to be noted that as such the entire issue is remanded by the learned Tribunal to the file of the learned CIT(A) and the matter is remanded to the learned CIT(A). Under the circumstances, with respect to the above, no interference of this Court is called for, as the entire issue with respect to the same would be at large before the learned CIT(A).- Decided against the revenue.
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