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J.K. Synthetics Ltd. Versus Commissioner of Income-tax

1991 (1) TMI 439 - DELHI HIGH COURT

IT CASE NO. 106 OF 1989 - Dated:- 10-1-1991 - B.N. KRIPAL AND MS. SANTOSH DUGCAL, JJ. Shri P.N. Monga for the Applicant. Shri D.K. Jain and R.N. Verma for the Respondent JUDGMENT Kirpal, J.-The petitioner seeks reference of the following questions to .....

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the circumstances of the case, whether the learned Tribunal was justified in confirming the disallowance of ₹ 46,004 out of the general charges being the expenditure on customary presents and gifts to the customers and business associates and .....

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ibunal was justified in sustaining the disallowance of ₹ 42,620 out of JK Steel division expenses incurred on account of small and customary presents to customers ? 4. On the facts and in the circumstances of the case, whether the learned Tribu .....

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ur opinion, they are pure questions of fact. The Tribunal has found the fact that these questions are not relatable to the business of the company and, therefore, were rightly disallowed. If expenses are not related to the business then they cannot b .....

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the liability to pay interest under the said section is, however, not in issue. The Supreme Court in the case of Central Provinces Manganese Org Co. Lid v. CIT [1986] 160 ITR 9611 has held that where the liability to pay interest is not in dispute t .....

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the petitioner has not challenged this finding of the Tribunal by way of a reference. Whether there was challenge to the liability or to the quantum is a question of fact because this challenge had to be raised before the Tribunal out of whose order .....

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has been contended that there was a challenge to the liability itself because in the draft assessment order under section 144B of the Act, there was no mention of the charging of interest and, therefore, when the final assessment order was passed int .....

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sioner and certainly not before the Tribunal nor is the question which is proposed in the present case similar to the one which was proposed in IT Case No. 110 of 1988 where the question proposed specifically related to the liability of the petitione .....

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