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2016 (11) TMI 1595 - HC - Income TaxFresh claims on account of disallowance u/s 43B pertaining to payment on account of Royalty and interest thereon - Held that:- In case of the Commissioner of Income Tax Vs. Pruthvi Brokers and Shareholders Ltd [2012 (7) TMI 158 - BOMBAY HIGH COURT] has held that an assessee is entitled to raise an issue before the Appellate Authorities even if the same had not been claimed during the assessment proceedings. The above view of this Court was by following the decision of the Apex Court in National Thermal Power Corporation Ltd. Vs. Commissioner of Income Tax [1996 (12) TMI 7 - SUPREME COURT] and Jute Corporation of India Vs. Commissioner of Income Tax [1990 (9) TMI 6 - SUPREME COURT]. Disallowance made in respect of payments made under Voluntary retirement Scheme of the company - Held that:- The decision of this Court in Godrej GE Applicances Ltd. [2008 (9) TMI 1002 - BOMBAY HIGH COURT] does conclude the issue against revenue and in favour of the respondent – assessee. Disallowance made for delayed payment of employees contribution to Provident Fund - Held that:- Issue arising herein stands concluded by the decisions of this Court in Commissioner of Income Tax Vs. Hindustan Organics Chemicals Ltd. (2014 (7) TMI 477 - BOMBAY HIGH COURT) and the Commissioner of Income Tax Vs. Ghatge Patil Transports Ltd. (2014 (10) TMI 402 - BOMBAY HIGH COURT) decided in favour of the respondent – assessee and against the revenue.
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