COMMISSIONER OF INCOME TAX vs. MARUTI SUZUKI INDIA LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI #2 . ITA 519/2010 . COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Sanjeev Sabharwal, Advocate . versus . . MARUTI SUZUKI INDIA LTD ..... Respondent Through Mr. Ajay Vohra with Ms. Kavita Jha and Mr. Sriram Krishna, Advocates . . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MADAN B. LOKUR . . O R D E R 26.05.2010 . The present appeal under Section 260A of the Income Tax Act, 1961 is admitted on the following substantial questions of law: 1. Whether the Tribunal is right in holding that Rs.24,92,33,446/- on account of duty drawback had not accrued and become payable to the asseessee and cannot be included in the Taxable income of the assessee for the Assessment Year 1999- 2000 ? . . . 2. Whether learned ITAT/CIT(A) erred in deleting the addition of Rs.1,48,86,451/- on account of Customs Duty on closing inventory with vendors? . [ITA 519/10] Page 1 of 2 . . . 3. Whether Tribunal is right in holding that the Assessing Officer was not justified in making addition of Rs.33,39,91,012/- on account of excessive consumption of raw material and inputs ? . 4. Whether learned ITAT/CIT(A) was justified in allowing MODVAT on input difference at Rs.46,00,00,000/- on account of excessive unexplained consumption of material and when payment partakes the character of penalty ? . 5. Whether learned ITAT/CIT(A) was justified in allowing claim of Rs.36,09, 047/- out of RS.75,19,975/- on account of depreciation on enhanced liability when the liability arises when assessee agrees to pay the duty? . 6. Whether learned ITAT/CIT(A) was justified in allowing disallowance under Section 40A(i) at Rs.4,19,09,113/- in view of the decision of the case of Chemloor Drug Ltd. V. CIT : 70 TTJ 936 ? . Issue notice. Mr. Ajay Vohra has already entered appearance on behalf of the assessee. Let the appeal be linked with ITA Nos. 250/05, 976/05 17/06 and 638/09 and set out for final hearing on 13th September, 2010. . . CHIEF JUSTICE . . . MADAN B. LOKUR, J MAY 26, 2010 ?v? . [ITA 519/10] Page 2 of 2 .