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2016 (8) TMI 610 - HC - Income TaxDisallowance made on account of survey charges - Tribunal deleted addition - Held that:- We find that the impugned order of the Tribunal has deducted the disallowance on a finding of fact that the tax has already been offered on the same for the Assessment Year 1999-2000 on receiving it from the successful bidder. No substantial question of law. Deprecation on transactions relating to lease of assets - Held that:- Tribunal allowed the Respondent-Assessee's appeal by following the decision of the Apex Court in ICDS Ltd., v/s. CIT [2013 (1) TMI 344 - SUPREME COURT ]. - Decided against revenue Deprecation claimed on assets covered by sale and lease back agreements - Held that:- We find that the impugned order of the Tribunal restored the issue to the Assessing Officer to decide the nature of transactions on examination of the sale and lease agreement entered into by the Respondent-Assessee with its lessees. This remand was with a specific direction that the Assessing Officer would examine the sale and lease back transactions entered into by the Respondent-Assessee with the three parties and decide the issue afresh, keeping in view the decision of the Delhi High Court in CIT v/s. Cosmo Films Ltd. [2011 (7) TMI 32 - DELHI HIGH COURT] - Decided against revenue Allocation of expenses on estimate basis - Tribunal directing the AO to treat 50% of the expenses as capital and the remaining 50% expenditure as revenue expenditure - Held that:- The issue raised herein stands concluded against the Appellant-Revenue and in favour of the Respondent-Assessee in view of the decision of this Court in CIT v/s. Ogilvy and Mather Pvt. Ltd [2011 (9) TMI 1013 - BOMBAY HIGH COURT ] Deduction u/s. 80M - interest paid on borrowed funds related to purchase of shares would be deducted out of dividend income - Held that:- The issue raised herein is concluded against the Appellant-Revenue by the decision of this Court in CIT v/s. Emerald Co. Ltd.[2005 (9) TMI 50 - BOMBAY High Court ]. Moreover, we find that the impugned order itself records the fact that the Appellant-Revenue had before the Tribunal accepted the fact that the issue raised herein, stands concluded in favour of the Respondent-Assessee
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