Back
RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax Delhi 4 – Appellant
Versus
Nestle India Ltd – Respondent
JUDGMENT
Rajiv Shakdher, J.
1. This appeal concerns Assessment Year (AY) 2011-12.
2. Via the above-captioned appeal, the appellant/revenue has assailed the common order of the Income Tax Appellate Tribunal [in short, "Tribunal"] dated 31.07.2020 passed in ITA No.4390/Del/2016. The following questions of law have been proposed by the appellant/revenue in the above-captioned appeal:
"(i) Whether in the facts and circumstances of the case and in law Hon'ble IT AT is correct in deleting the addition of Rs.90,77,99,068/- made by AO, on account of disallowance of license fee?
(ii) Whether in the facts and circumstances of the case and in law Hon'ble IT AT is correct in reducing the disallowance u/s 14A of the Act to Rs. 17,58,758/- from Rs. l8,33,783/- made by the Assessing Office in accordance with Rule 8D and according to CBDT Circular 5/2014 dated 11/02/2014?
(iii) Whether in the facts and circumstances of the case and in law Hon'ble ITAT is correct in allowing higher depreciation @60% as against depreciation @15% allowed by the AO overlooking the functional test proving and establishing perversity in the order passed by them both on facts and in law, especially when the case of BSES Ra
The court emphasized the importance of the AO satisfying himself with regard to the amount offered for disallowance by the assessee under Section 14A of the Act and highlighted the statutory conditio....
The weight of the evidence and the interpretation of Section 35 of the Income Tax Act influenced the court's decision in upholding the deduction claimed by the respondent.
The main legal point established in the judgment is that the rate of depreciation should be determined based on the integral nature of the equipment and that subsidies received as capital receipts sh....
The court's decision was based on the interpretation and application of the Income Tax Act provisions related to disallowance under Section 14A, deletion of expenses under Section 37(1), and the trea....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
