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2014 (8) TMI 1178 - HC - Income TaxDisallowance of contribution to society - Addition u/s 40A - contribution was made by the assessee-company to a fund required to be set up by or under any other law for the time being in force - whether fund was constituted on bonafide for the welfare of its’ employees in smooth running of the business and hence the said contribution is to be allowed under section 37(1)? - HELD THAT:- Tribunal in assessee’s own case for assessment years 1990-92 and 1991-92 [2002 (9) TMI 254 - ITAT CALCUTTA-A] and [2013 (5) TMI 893 - ITAT KOLKATA] . Since we find the issues are covered by the order of the Tribunal in the case of the assessee itself as agreed to and thus, accepted by the department, these questions are not substantial questions of law to be adjudicated in appeal. Payment of lump sum royalty - capital expenditure - HELD THAT:- Assessee did not derive any enduring benefit for payment of lump sum royalty as the agreement was for non-transferable license to manufacture licensed products in India. appeal is admitted on question no. (iv) - Whether on the facts and in the circumstances of the case the Learned Tribunal erred in law and was not justified in law in giving direction to the Assessing Officer to allow depreciation on river bank embankment and that river bank embankment is to be treated as building ?
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