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2019 Supreme(Online)(Ker) 84882

KERALA HIGH COURT
V. Chitambaresh, J
Revenue – Appellant
Versus
Assessee – Respondent


Advocates:
For the Appellant: Mr. Christopher Abraham
For the Respondent: Mr. Joseph Markos

Table of Content
1. appellant challenges prior orders on assessment. (Para 1 , 2)
2. disallowance based on debenture premium and delayed payments. (Para 3 , 6)
3. court analysis of expense deductions in compliance with law. (Para 4 , 5 , 12 , 15)
4. final ruling on liability and deductions upheld. (Para 14 , 19)

1. Annexure C order dated 09/09/2009 passed by the Income Tax Appellate Tribunal, Cochin Bench in the appeal preferred by the assessee, virtually unsettling Annexure A order passed by the Assessing Officer and Annexure B order passed by the Commissioner of Income Tax [Appeals], both in favour of the Revenue, in respect of the assessment year 1999 - '00 is put to challenge at the instance of the Revenue.

2. The assessee company engaged in the business of manufacture and sale of automotive tyres, tubes..etc. filed its return on 30/12/1999. The assessment was completed as per Annexure A order, which being detrimental to the rights and interest of the assessee, was challenged by filing an appeal before the Commissioner of Income Tax. The Commissioner passed Annexure B order dated 31/12/2004, whereby some relief was extended to the assessee, but declining it under some other heads. Th





































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