HUF INDIA PVT.LTD,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9, PUNE
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the matter was covered by its own previous decision in the assessee's own case for an earlier assessment year. Following the principle of consistency, the Tribunal allowed the deduction.
What were the facts?
The assessee claimed Rs. 9,00,000/- as preliminary expenses under Section 35D. The Assessing Officer disallowed this claim, finding that the expenses did not fall under the categories allowable under Section 35D(2). The CIT(Appeals) confirmed this disallowance.
What were the issues?
Whether the preliminary expenses claimed by the assessee qualify for deduction under Section 35D. Whether the principle of consistency applies in allowing the deduction based on previous years' treatment.
Which sections of the Income-tax Act were involved?
Section 35D,Section 35D(2),Section 36(1)(va),Section 2(24)(x)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY
आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : अपीलाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(Appeals)-8, Pune. 4. The Pr. CIT-5, Pune. धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, “बी” बेंच, 5. पुणे / DR, ITAT, “B” Bench, Pune. गार्ा फ़ाइल / Guard File. 6.
आदेशानुसार / BY ORDER, // True Copy // धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.
Date 1 Draft dictated on 21.06.2021 Sr.PS/PS 2 Draft placed before author 21.06.2021 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order
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