THE COMMISSIONER OF INCOME TAX III, vs. M/S. SAVIJANA SEA FOODS PVT. LTD.,

Appeals of the Revenue are dismissed

Bench: J SREENIVAS RAO,ALOK ARADHE

capital gains‟ in their hands in their returns would not be relevant in deciding the issue whether the payment by the Assessee should be treated as „business expenditure.‟ As explained by the Madras High Court in CIT v. Sarda Binding Works 102 ITR 187 (Mad), it is the point of view of the payer which is relevant. 37. The decision

M/s Durga Granites, vs. The Assistant Commissioner of Income Tax, Circle - 1,

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

54 5. District Mining Officer, Sahibganj, having its office at Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj, District Sahibganj, PIN 816109. ........... Respondents. ----- With W.P.(C) No. 5123 of 2022 ----- Madan Kant, (A Proprietorship concern), having its works at Mouza Hatigarh, Plot No. 260, 297 and 298, P.O. & P.S. Sahibganj, District Sahibganj, through its Proprietor, namely, Madan Kant, aged about