Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)25ITD193(Delhi)
1. There being difference of opinion between Members on some of the points involved as per orders annexed, the Special Bench Tribunal order is as follows : 1. 80J Relief to be recomputed within the parameters laid down by the Hon'ble Supreme Court in the case of Lohia Machines Ltd. v. Union of India [1985] 152 ITR 308, i.e., all liabilities are to be deducted for the purpose of computing capital employed, which shall have the effect of the Revenue's appeal on the point being allowed and the assessee's rejected (Unanimous view)-Ground No. 1 in both the appeals. 2. Coming to Section 35B dispute on which both the parties were in appeal, the revenue is ('s claim to be) rejected whereas the assessee partly succeeds inasmuch as, in respect of packing material expenses to the tune of Rs. 65,08,653, directions have been given that Section 35B deduction should be allowed in respect of bifurcated expenses on wrappers. The directions are similar to the one given in the assessee's own case in res...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)94TTJ(Delhi)53
1. Appeal in ITA No. 4545/Del/2000 is the appeal filed by the Revenue on 20th Nov., 2000, against the order of the CIT(A)-XXI, New Delhi, dt.31st Aug., 2000, in the case of the assessee in relation to order of assessment under Section 143(3) for the asst. yr. 1997-98. In response, the assessee has filed on 12th Sept., 2002, a cross-objection numbered as CO No. 135/Del/2002. Appeal in ITA No. 2239/Del/2002 is the appeal filed by the assessee on 23 May, 2002, against the order of the CIT(A)-XVI, New Delhi, dt. 21st Feb., 2002, in the case of the assessee in relation to assessment order under Section 143(3) for the asst. yr.1998-99.2. As the common facts and disputes are involved in these appeals and the cross-objection, the same were argued together by the learned counsel for the assessee and the learned Departmental Representative.We are disposing them by this consolidated order for convenience.3. The main dispute in these appeals pertains to the deduction claimed by the assessee-compa...
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