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The Commissioner of Income Tax – 7 Versus M/s. Hindustan Ciba-Geigy Ltd.

2015 (9) TMI 329 - BOMBAY HIGH COURT

Disallowance of expenses incurred on VRS - AO had treated the same as unascertained liability - Tribunal confirming the order of the CIT(A) in deleting the addition - Tribunal dated 31st October, 2012 stands modified by the order dated 10th July, 2015 passed in Miscellaneous Applications Held that:- So far as Questions (a) to (d) are concerned, Revenue is not pressing the same. So far as Question (e) is concerned, at this stage, we decline to answer the same. This is so as otherwise we would hav .....

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dated 31st October, 2012 as modified by the order dated 10th July, 2015 passed by the Tribunal in the Miscellaneous Application, urging all its questions.

In view of the above, though we dismiss the present Appeal, we grant liberty to the Revenue to raise all issues including the one raised here by filing a fresh appeal from the order dated 31st August, 2012 as modified by the order of the Tribunal dated 10th July, 2015 on the rectification application. - Income Tax Appeal No. 1249 of .....

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nsideration: "(a) Whether on the facts and circumstances of the case and in law, the Tribunal was correct in confirming the order of the CIT(A) in deleting the addition made by the AO on account of disallowance of expenses incurred on VRS amounting to ₹ 4,29,85,250/- in respect of Bhandup unit works and ₹ 1,05,80,000/- in respect of Head Office employees, inspite of the fact that the AO had treated the same as unascertained liability? (b) Whether the Tribunal was correct in rest .....

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basis of sample agreement with the workers which were neither produced before the Assessing Officer nor before the CIT(A)? (d) Whether the Tribunal was correct on facts and in law in setting aside the issue to the file of the Assessing Officer with the direction that if the Assessing Officer finds that the liability has been calculated on the scientific basis, he may allow the claim of ₹ 5,35,65,250/- without clearly saying as to what is meant by scientific basis? (e) Whether the Tribunal .....

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the impugned order dated 31st October, 2012 was passed by the Tribunal, the Respondent Assesse have moved Miscellaneous Applications before the Tribunal, seeking rectification to the impugned order dated 31st October, 2012. The Miscellaneous Application was allowed by order dated 10th July, 2015, inter alia, in respect of the issue of VRS Expenses of employees at Bhandup Unit and at its head office i.e. Questions (a) to (d) above. 4. In view of the above, the impugned order of the Tribunal date .....

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e order dated 10th July, 2015 on the Miscellaneous Application, the Appeal would have to be filed from the modified impugned order before this Court. 5. Mrs. Bharucha, learned Counsel appearing for the Revenue, on instruction, states that she is withdrawing / not pressing Question Nos. (a) to (d) in this appeal. However, she has been instructed to press and obtain an order on Question (e) in this appeal. Mrs. Bharucha states that she did make an attempt to convince the Officer of the Revenue tha .....

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