COMMISSIONER OF INCOME TAX vs. M/S PRASIDH LEASING LTD.

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ITA - 637 / 2004HC Delhi01 November 20041 pages
For Petitioner: P.RAYCHAUDHARY

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IN THE HIGH COURT OF DELHI AT NEW DELHI . 01.11.2004 . Present: Mr Sanjiv Khanna with Mr Ajay Jha for the appellant. . + ITA.No. 637/2004 * Admit. The following two questions of law are required to be determined by this court: ‘‘1.Whether the Tribunal was right in holding that the advance of a sum of Rs.6.16 crores made by M/s Ginza Industries Ltd. to the assessee cannot be taxed as deemed dividend without returning a finding that the lending of money was the substantial part of the business of the said company (M/s Ginza Industries Ltd)? .

2.

Whether the Tribunal was right in holding that the Assessing Officer had wrongly made disallowance of Rs.43.50 paid by the assessee to M/s Adani Associates towards guarantee commission fee? 2. The paper books be filed by the appellant within a period of three months as per rules. . CHIEF JUSTICE . . BADAR DURREZ AHMED, J November 01, 2004 M

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