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2012 Supreme(Del) 1899

S.RAVINDRA BHAT, R.V.EASWAR
CIT – Appellant
Versus
Hindustan Times – Respondent


Advocates appeared:
For the Petitioner: Sanjeev Sabharwal, Sr. Standing Counsel.
For the Respondent:Ajay Vohra, with Ms. Kavita Jha, Somnath Shukla, Advocates.

Judgment :

S. Ravindra Bhat, J.

1. The present common judgment arises out of an order of the Income Tax Appellate Tribunal (ITAT) dated 04.09.2009 in ITA 2158/Del/2003 and ITA 827/Del/2006. These two pertain to the Assessment Years 1999-00 and 2000-01.

2. The following questions of law arise for consideration:

i. Did the Tribunal err in law in upholding the deduction towards provision for salary, Provident Fund etc not actually paid during the assessment year under consideration?

ii. Did the Tribunal err in holding that the sum of Rs. 43,01,632/-, paid by the assessee as its share of the joint venture to insurance business, towards business capital and drafting expenses was deductible in its hands, as expenditure?

iii. Did the Tribunal fall into error in holding that the sum of Rs. 5,76,975/-, paid to IMRB for market research on life insurance business in India, was a deductible expenditure?

3. The brief facts necessary to decide the case are that the assessee is engaged in the business of printing and publishing of newspapers, periodicals and also production of video cassettes. For the Assessment Year, 2001-02, it filed a return declaring loss of Rs. 27,41,56,666/-. During this yea





























































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