CIT vs. MARUTI COUNTRYWIDE AUTO FINANCIAL SERVICES PVT LTD

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ITA - 1147 / 2011HC Delhi13 October 20112 pages
For Petitioner: SANJEEV SABHARWAL
AI SummaryDismissed

What did the High Court hold?

The tribunal followed its earlier decisions in similar cases. Consequently, the appeals filed by the revenue were dismissed as no substantial question of law arose.

What were the facts?

The appeals concerned additions made by the Assessing Officer regarding disallowance of loss on sale of repossessed assets and 50% of advertisement/business promotion expenses. These issues had been previously decided by the tribunal in other cases.

What were the issues?

Whether the ITAT erred in deleting additions related to loss on sale of repossessed assets and disallowance of advertisement expenses.

AI-generated summary — verify with the full judgment below

4J\ \ {1 #t, #2 & #3 olo L3.1O.2O11 Present: Mr. Sanjeev Sabharwal, Advocate for the Appellant. Ms. Madhavi Swaroop, Advocate for the Respondents. +ITA Nos. 1145-1147/2O11 * All these appeals are against the same assessee and pertain to different periods. Out of these, in two appeals, two issues have been raised and in one appeal only one of these issues arises, which are as under: - "In ITA No. 1 L45/2OLL 1. Whether learned ITAT erred in deleting the addition of t 4,80,03,895/- made by the Assessing Officer on account of disallowing the loss on sale of repossessed assets? 2. Whether learned ITAT erred in deleting the addition of { 3,75,24,257/- made by Assessing officer on account of disallowing 5Oo/o of expenses incurred on advertisement and business promotions expenses. In ITA No. 1146/2OLI 1. Whether learned ITAT erred in deleting the addition of t 5,00,59,438/- made by the Assessing Officer on account of disallowing the loss on sale of repossessed assets? 2. .. Whether learned ITAT erred in deleting the addition of 7 2,L9,44,530/- made by Assessing officer on account of disallowing 50% of expenses incurred on advertisement and business promotions expenses. 2011:DHC:12007

2--' rn rrA No. 1L4fl"l2OLt 1. Whether learned ITAT of t L,95 ,89 ,4655/ - made account of disallowing the assets?" erred in deleting the addition by the Assessing Officer on loss on sale of repossessed 4,, Q,,\-. In so far as the first issue is concerned it had arisen in ITA No. 583/2011. The said appeal was dismissed on 23'd May, 2O!1 following the judgment dated 9th November, 2OtO in ITA No. I772/2OLO & 17I4/20L0 in the case titled as CIT vs. Citicorp Maruti Finance Ltd. In so far as the second Issue is concerned that has also been decided against the Reverfue in ITA No. 966/2OO9 in the case entitled as CIT v. Agro Beverages vide order dated 19th November, 20LI. Following those orders, these appeals are dismissed as no question of law arises. t)/*a-'t SIDDHARTH MRIDUL, J. ocroBER 13, 2011 'raj' G CHIEF JUSTICE 2011:DHC:12007

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