New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (7) TMI 918 - CALCUTTA HIGH COURT

2016 (7) TMI 918 - CALCUTTA HIGH COURT - TMI - Addition on account of VRS payment - ITAT confirming the order of the CIT(A) in deleting the addition - Held that:- It is not in dispute that the law applicable to the assessee is as at 1st April, 2000. The revenue sought to rely upon Section 35DDA which was introduced with effect from 1st April, 2001. Therefore, the contention of the revenue failed both before the CIT(A) and before the learned Tribunal. The circular referred to in the question does .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, JJ. For the Appellant : Mrs. ASHA G. Gutgutia, Advocate For the Respondent : Mr. J. P. Khaitan, Siddharth Das, Asim Choudhury ORDER The Court : The subject matter of challenge is a judgment and order dated 30th June, 2006 passed by the Income Tax Appellate Tribunal E Bench, Kolkata in ITA No. 490/Kol/2005 and ITA No. 607/Kol/2005 both pertaining to the assessment year 2000-01. The earlier appeal was an appeal by the assessee and the latter appeal was an appeal by the revenue. Part of the appea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

78,38,975/- in violation of Board s Circular No. F.No.200/79/2000 dated 23.1.2001 and also in view of the fact that the expenditure was clearly in the nature of capital expenditure as it provided an enduring benefit to the assessee ? 2. Whether, on the facts and in the circumstances of the case the Ld. Tribunal was justified in law in confirming the order of the CIT(A) in deleting the disallowance of ₹ 2 crore out of sundry expenses without going into the details of expenditure and by rely .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as clarified by the circular No.60/97-2002 dated 24.12.1958 issued by the Ministry of Commerce for the purpose of completion of deduction under Section 80HHD of the Act ? 4. Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in restoring the matter back to the file of A.O. with a direction to the assessee to produce relevant details before the A.O. to substantiate its claim regarding the estimated disallowance out of Aircraft maintenance expenses amounti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version