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COMMISSIONER OF INCOME TAX, KOL-I, KOL Versus M/s HALLMARK CONSTRUCTION CO. P. LTD

2015 (7) TMI 480 - CALCUTTA HIGH COURT

Reopening of assessment - disallowance of various expenses on account of earth filling - CIT(A) after hearing the parties allowed the appeal partly also confirmed by ITAT - Held that:- Revenue/appellant, has not disputed the fact that the assessing o .....

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s examined by the CIT(A) and he was of the opinion that the expenditure was partly allowable. The view has been accepted and confirmed by the learned Tribunal. On a question of fact, both the CIT(A) and the learned Tribunal have agreed. Revenue is un .....

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SINHA, JJ. For The Appellant : Mr. P. Dudhoria, Adv. For The Respondent : Mr. A. Gupta, Adv. ORDER The Court : The subject matter of challenge in the appeal is a judgment and order dated 1st August, 2014 pertaining to the assessment year 2007-08. Th .....

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disallowances were also made. Aggrieved by the order, the assessee preferred an appeal. The CIT(A) after hearing the parties allowed the appeal partly. He restricted the disallowance of the aforesaid sum of ₹ 2.10 crores to 20% thereof. The ot .....

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efore us. The following questions of law have been suggested : (a) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal, C Bench Kolkata erred in law in upholding the order of CIT(A) in restricting the d .....

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the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal, C Bench Kolkata erred in law in wrongly interpreting the nature and computation adopted in respect of the addition made as under valuation of stock by the Asse .....

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5% of ₹ 11,32,358/- on account of labour charges and payments without considering the facts and circumstances that no confirmation and verification could be made in respect of the disallowances made by the Assessing Officer ? (d) Whether on the .....

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e) Whether the impugned order is bad, arbitrary, illegal perverse and the same is nothing but a total non-application of mind of the Income Tax Appellate Tribunal, Kolkata and the same is liable to be set aside and/or quashed ? It would appear that t .....

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