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The Commissioner Of Income Tax, Moradabad And Another Versus M/s Radico Khaitan Ltd., Bareilly Road, Rampur

2015 (9) TMI 1479 - ALLAHABAD HIGH COURT

Receipt of interest on loans land deposits given to various parties - income from "Income profits and gains of business and profession" OR "income from other sources" - Held that:- Issue is covered against the assessee in assessee's own case for the Assessment Year 1990-1991 reported in [2004 (9) TMI 37 - ALLAHABAD High Court ] - Claim in respect of rent in "Transit Guest House" - Held that:- Issue is covered against the assessee in the assessee's own case by judgment for the Assessment Yea .....

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by the Department as the same was not challenged in a higher forum. Since no distinguishing features have been pointed out and the principle of consistency is required to be maintained inter se between the parties, we are of the opinion that the Department cannot be permitted to question these issues when it was accepted by them in the previous years. Our view is supported by decisions of the Supreme Court in Radhasoami Satsang Vs. Commissioner of Income Tax, (1991 (11) TMI 2 - SUPREME Court ), .....

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Year 1993-94, wherein the Court in its judgment held that the issue did not arise for consideration. On the facts and circumstances of the case, we find that the said issue also does not arise for consideration. Consequently, the issues is decided against the Department and in favour of the Assessee. - Deduction for loss on goods in transit - Held that:- Tribunal had directed the Assessing Officer to allow the said loss in the year 1993-94 under consideration provided the assessee's company .....

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n'ble Tarun Agarwala,J. and Hon'ble Surya Prakash Kesarwani, JJ. For the Appellant :- SC,A.N.Mahajan,R.K. Upadhyaya For the Respondent :- R.S.Agrawal JUDGEMENT We have heard, Sri Manu Ghildyal, learned counsel for the appellants and Sri Rupesh Jain along with Sri R.S. Agrawal, learned counsel for the assessee. The appeal was admitted on the following substantial questions of law: "1. Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that cl .....

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law in holding that the depreciation on tube well at a higher rate of 25%? 4. Whether on the facts and circumstances of the case, the Tribunal was right in law in holding the claim in respect of rent in "Transit Guest House"? 5. Whether on the facts and circumstances of the case, the Tribunal was right in law in treating various capital expenses as revenue expenses? 6. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in allowing deduction for lo .....

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nst the assessee in the assessee's own case by judgment dated 4.9.2013 for the Assessment Year 1993-94 reported in 360 ITR 462. Consequently, the issue is decided against the assessee and in favour of the Department. Issue nos.1 and 3 are the same issues which were allowed in favour of the assessee for the year 1993-94, in which order of the Tribunal was accepted by the Department as the same was not challenged in a higher forum. Since no distinguishing features have been pointed out and the .....

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