DCIT, New Delhi vs. M/S. Bokaro Power Supply Co. Ltd., New Delhi
In the result, appeal of the assessee is partly allowed whereas the appeal of the Revenue is dismissed
ITA 3692/DEL/2014[2010-11]Status: DisposedITAT Delhi31 Oct 2017AY 2010-11
Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2010-11 Vs. Dcit, Circle -3(1), New Delhi M/S. Bokaro Power Supply Co. Ltd., Ispat Bhavan, Lodhi Road, New Delhi Pan : Aabcb8976G (Appellant) (Respondent) & Assessment Year: 2010-11 Vs. M/S. Bokaro Power Supply Co. Dcit, Circle -3(1), New Delhi Ltd., 4Th Floor, Ispat Bhavan, Lodhi Road, New Delhi Pan : Aabcb8976G (Appellant) (Respondent) Assessee By Sh. M.P. Rastogi, Adv. & Sh. Anil Sharma, Agm Respondent By Sh. Sandip Kumar Mishra, Sr.Dr Date Of Hearing 11.10.2017 Date Of Pronouncement 31.10.2017 Order Per O.P. Kant, A.M.:
Section 143(2)Section 143(3)Section 43B
…sales tax was not deductible expenditure in view of the decision of the Hon’ble Supreme Court in the case of Swadeshi Cotton Mills Ltd. vs. CIT, (1967) ITR 57 (SC) and Hon’ble Delhi High Court decision in the case of CIT Vs. Bharat Steel Tubes Limited (1997) 226 ITR 750 (Del.). The Ld. CIT-(A) allowed the payment of tax amounting to Rs.35,45,033/- on paid basis in terms of section 43B of the Act, however, upheld the finding of the Assessing Officer in respect of the amount of Rs.86,72,759/- as penalty for infraction of law. The finding of the learned CIT-(A) is reproduced as under: “5.2.4. The accrual of statut…