DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2 1 1 AHMEDABAD, AHMEDABAD vs. KHYATI CHEMICALS PRIVATE LIMITED, AHMEDABAD
What did the Tribunal hold?
The ITAT held that the excessive remuneration paid to directors was a device for tax evasion and restored the disallowance of Rs. 2.40 crore. The assessee's cross-objections regarding spray dryer and computer software expenses were dismissed.
What were the facts?
The Revenue appealed against the CIT(A)'s order deleting the disallowance of Rs. 2.40 crore paid as remuneration to directors. The assessee also filed a cross-objection against other disallowances.
What were the issues?
Whether the remuneration paid to directors was excessive and constituted tax avoidance, and whether expenses on spray dryer and computer software were allowable as revenue expenditure or eligible for depreciation.
Which sections of the Income-tax Act were involved?
Section 40A(2)(b),Section 37(1),Section 32(1)(ii),Section 32(1)(iia)
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- Loyal Motor Service Co. Ltd. v. CIT48 citing14 ITR 647 · 1946 · HC
Income Tax Appellate Tribunal, AHMEDABAD “A” BENCH
Before: DR. BRR Kumar & Shri T. R. Senthil Kumar
I.T.A No. 1856/Ahd/2025 & C.O.86/Ahd/25 A.Y. 2018-19 2 PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-
This appeal is filed by the Revenue as against the appellate order dated 21-08-2025 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to a
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