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25-08-2009 - Recent Updates as on 25.08.2009
Tuesday, August 25, 2009

 

1. M/S RANDOM CONSTRUCTIONS PVT. LTD. (PUNJAB AND HARYANA HIGH COURT) [Related to section 260A]

The Assessing Officer disallowed the deduction claimed on account of shuttering expenses. The CIT (A) deleted the additions and upheld the claim of the assessee by holding that the said expenses represented revenue expenses. The Tribunal held that the expenditure in question had been incurred during the P.Y.and was revenue in nature. The fact that the material could be used in the subsequent A.Y. is no ground to deny the claim for deduction. Consequently, ground No.1 raised by the Revenue is dismissed.”

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2.    RAMDEV FOOD PRODUCTS LTD (GUJARAT HIGH COURT)

The question raised by the Revenue is whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT (A) in deleting the addition made on account of unaccounted sales of Rs. 1,02,49,622 ? After hearing learned Advocates for both sides, we are of the view that the question raised by the Revenue is purely a question of fact. The question being purely a question of fact, we see no reason to entertain this appeal. Appeal is dismissed.

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3       SRI RAMAKRISHNA HEDGE (KARNATAKA HIGH COURT) [Related to section 148]

Ramakrishna Hedge: Held REOPENING u/s 148 can only be based on fresh information. re-opening is not allowed on what stands already disclosed/contained with ITR’s.

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