28 judgments on BharatTax turn on Section 37(4).
Bench: MR. JUSTICE AMARINDER SINGH GREWAL,MR. JUSTICE JAGMOHAN BANSAL
In the result, appeal is partly allowed
Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal
In the result appeal filed by the revenue stands dismissed
Bench: Shri P.K. Bansal & Smt. Beena A Pillaiay: 1984-85 The Ito Vs. Modipon Ltd. Ward 5(4) Hapur Road New Delhi Opp. Nagar Palika Modinagar 201 204 Uttar Pradesh Pan: Aaacm 2069 E (Appellant) (Respondent) Appellant By Sh. P.Damkanunjna, Sr.D.R. Respondent By Sh. Santosh Aggarwal, Adv. Date Of Hearing 11.12.2017 Date Of 13.12.2017 Pronouncement Order Per Beena A Pillaithe Present Penalty Appeal Has Been Filed By Revenue Against Order Dated 27/08/14 Passed By Ld.Cit(A)-8, New Delhi For Assessment Year 1984-85 On The Following Grounds Of Appeal: “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A) Has Erred In Deleting The Penalty Of Rs.20,72,130/- Imposed By The Ao On Account Of Addition Made U/S 37(4) & 40A(5) Of The Income Tax Act, 1961 (The Act)?
The appeal stands disposed of
Bench: Us To Adjudicate The Following Substantial Questions Of Law:- “(1) Whether On The Facts & In The Circumstances Of The Case The Assessing Officer Was Justified In Making Additions Of Rs.476.84 Lacs By Disallowing Assessee’S Claim For Deduction From Its Profit On Account Of Provision For Loss In Stores Stock, Raw Material, Finished Goods Provided In Books Of Accounts? (2) Whether In The Light Of Provisions Contained In Section 37(3) & 37(5) Of The I.T. Act, 1961 The Tribunal Was Justified In Law In Deleting Additions Made By The Assessing Officer By Disallowing The Claim Of The Assessee To Depreciation Of Assets Used In Guest House Amounting To Rs.17,28,684/-?
The appeal is partly allowed
Appeals are allowed and the order of the Tribunal is
In the result, question No
Appeal is dismissed
In the result, the third question is answered in the negative,
The appeal is dismissed
The Appeal is allowed with no order as to
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