The Commissioner Of Income Tax And ... vs M/S Sarjoo Sahkari Chini ...
2012 Latest Caselaw 1811 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- INCOME TAX APPEAL No. - 326 of 2008
 

 
Petitioner :- The Commissioner Of Income Tax And Another
 
Respondent :- M/S Sarjoo Sahkari Chini Mills,Ltd.
 
Petitioner Counsel :- S.C.(A.N.Mahajan)
 

 
Hon'ble Ashok Bhushan,J.

Hon'ble Prakash Krishna,J.

Heard Sri Dhananjay Awasthi, learned counsel for the appellant and Sri Shakeel Ahmad, learned counsel for the respondent.

The appeal is admitted on the following substantial questions of law:

"1. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in confirming the order of the CIT(A) in allowing deduction in respect of excise duty of Rs.2,65,35,000/- u/s 43-B of the Act?

2. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in deleting the addition made by the A.O. for the reason the Excise Duty amounting to Rs.30,05,943/- was omitted to be added in the value of Closing Stock?

3. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in confirming the order of the CIT(A) in allowing the claim of the assessee u/s 43-B claimed during the re-assessment proceedings?"

(Prakash Krishna,J)       (Ashok Bhushan,J)

Order Date :- 16.5.2012

MK/