Commissioner of Income Tax, vs. Agricultural Market Committee,
In the result, the appeal (ITA/70/2011) is allowed to the extent indicated
ITTA/70/2011HC Telangana18 Apr 2011
Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 20Th March, 2023 Appearance : Mr. C. Bhaskaran, Adv. Ms. Swapna Das, Adv. …For The Appellant. Mr. Aryak Dutt, Adv. …For The Respondent.. The Court : - This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act (The Act) Is Directed Against The Order Dated September 30, 2009 Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata In Ita No.2486/Kol/2007 For The Assessment Year 2003-2004. The Appeal Was Admitted On 18.03.2011 On The Following Substantial Questions Of Law:- “1. Whether The Tribunal Below, While Interpreting Section 36(1)(Viia)(A) Of The Income-Tax Act, 1961, Committed Substantial Error Of Law In Holding That Deduction Under The First Proviso Was Alternative To That Under Sub-Clause (A) & That No Deduction Under The First Proviso Was Allowable If Deduction Had Been Allowed Under Sub-Clause (A) Thereby Rejecting The Appellant’S
Section 115JSection 14ASection 260ASection 36(1)(viia)
depreciation of investment, fraud and forgery, stationery wastage
and tangible assets could not be allowed unless the same were
for ascertained liability/expense ?
We have heard Mr. C. Bhaskaran, learned counsel assisted by Ms. Swapna
Das, learned advocate for the appellant/assessee and Mr. Aryak Dutt, learned
standing counsel for the respondent/revenue.
3
The first substantial question of law is whether