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2012 (3) TMI 565 - BOMBAY HIGH COURT

2012 (3) TMI 565 - BOMBAY HIGH COURT - TMI - Income tax appeal No. 1123 OF 2009 - Dated:- 5-3-2012 - DR.D.Y. CHANDRACHUD AND M.S. SANKLECHA, JJ. Mr. Suresh Kumar for the Appellant. Mr. P.J. Pardiwala, Sr. Advocate with Mr. Ashish Rao and Mr. Tejas Shah i/by M & M Legal for the Respondent. ORDER P.C. This appeal arises from a decision of the Income Tax Appellate Tribunal dated 11 January 2007 in relation to Assessment year 1989-90. The following questions of Law have been raised by the Revenu .....

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n the share issue expenses and the investment in Plant & Machinery; B) Whether on the facts and in the circumstances of the case and in law, the Hon ble Tribunal was right in confirming the order of the CIT(A) deleting the addition made by the A.O. u/s. 40A(9) in respect of reimbursement /payment made by the assessee company to Glaxo Sports Club; C) Whether on the facts and in the circumstances of the case and in law, the Hon ble Tribunal was justified in law in holding that the dividend, in .....

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ion of section 43B was not complied with; E) Whether on the facts and in the circumstances of the case and in law, the Hon ble Tribunal was justified in law in directing the A.O. not to tax the write back of ₹ 406.49 lacs relating to the assessment year 1982-83 to assessment year 1987-88 and also so to exclude from the total income the write back of ₹ 95.65 lacs for assessment year 1988-89? 2 The learned Counsel appearing on behalf of the Revenue states that questions A and B will st .....

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