PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA vs. M/S ITC LTD

Bench: The Learned Tribunal – One By The Assessee & The Other By The Revenue Which Have Been Disposed Of By A Common Order, Impugned In This Appeal. 2. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :

40a(ii) nor allowable as business expenditure under any provision of the Act, including Section 37(1) of the Act being the personal liability of the assessee? 4 (h) Whether the Learned Income Tax Appellate Tribunal was justified in law in admitting fresh claim of ESOP raised by the assessee which was not made in the return of income

PRINCIPAL COMMISSIONER OF INCOME TAX-14, KOLKATA vs. PKS HOLDINGS

In the result, the appeal is partly allowed and the question nos

Bench: : The Hon’Ble Justice T.S. Sivagnanam

9 that the confirmation is in its entirety with regard to the finding recorded by the assessing officer in paragraph 2 of the order wherein apart from treating the loss as a speculative loss, he has also held that the transaction to be sham. For such reason, the second issue is decided in favour of the revenue and against