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2004 Supreme(All) 1675

R.K.AGRAWAL, K.N.OJHA
Commissioner of Income Tax – Appellant
Versus
Radico Khaitan Ltd. – Respondent


Advocates Appeared:
A.N.Mahajan, V.B.UPADHYA, VIKRAM GULATHI,

R. K. AGRAWAL, J.

( 1 ) THE present appeal preferred by the Revenue under Section 260a of the IT Act, 1961 (hereinafter referred to as "the Act") has been admitted by this Court on the following four substantial questions of law : "1. Whether, on facts and circumstances of the case, the Tribunal was justified in deleting the interest disallowed on loan given by the assessee to its sister-concern for non-business purposes ?

( 2 ) WHETHER, on facts and circumstances of the case, the Tribunal was justified in directing to allow investment allowance on telephone exchange installed in fertilizer unit and distillery unit which is engaged in manufacture of articles and things listed in Eleventh Schedule of IT Act, 1961 ?

( 3 ) WHETHER, on facts and circumstances of the case, the Tribunal was legally justified in holding that the ex gratia bonus payments made by the assessee over and above the bonus payable in accordance with the provisions of Bonus Act, 1965, were an allowable deduction ?

( 4 ) WHETHER, on facts and circumstances of the case, the Tribunal was justified in directing the AO to treat the interest and dividend income as business income while AO has rightly assessed the same as i



































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