National Aviation Co of India Ltd ( Air India Ltd), Mumbai vs. DCIT 5(2)
In the result, the appeal of Revenue is dismissed & the appeal assessee is partly allowed
ITA 2182/MUM/2012[2008-09]Status: DisposedITAT Mumbai19 Jul 2019AY 2008-09
Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Aayakr Apila Sam./ Ita No. 2182/Mum/2012 (Inaqa-Arna Baya- / Assessment Year 2008-09) Air India Ltd., Dy. Commissioner Of (Formerly Known As National Income Tax-5(2), Mumbai Aviation Co. Of India Ltd.,) Vs. Director Finance, Old Airport, Kalina, Santacruz (East), Mumbai .. (Apilaaqai- / Appellant) (P`%Yaqaai- / Respondent) स्थायी लेखा िं./Pan No. Aaccn6194P
For Appellant: S/shri Shri D.J. Shukla &For Respondent: Shri M. Dayasagar, CIT DR
Section 143(3)Section 37
…. Before us, Ld. Counsel for the assessee argued that in earlier years, the Tribunal has taken a view against assessee but he stated that recently, the Hon'ble Madhya Pradesh High Court in the case of CIT Vs. Khemchand Motilal Jain, Tobacco Products P. Ltd., [340 ITR 99] (MP) has considered the identical situation, wherein the assessee’s claim of business expenditure paid for un-lawful purpose i.e., kidnapping of Director of a company while on business tour and amount paid as ransom was held to be deducted. The Hon'ble High Court held that - Section 364A of the Indian Penal Code provides that kidnapping a person…