Commission of Income-tax, (Central ) v. M/s Jay Pee Cement Ltd
[Citation -2017-LL-0330-12]

Citation 2017-LL-0330-12
Appellant Name Commission of Income-tax, (Central )
Respondent Name M/s Jay Pee Cement Ltd.
Court HIGH COURT OF ALLAHABAD AT LUCKNOW
Relevant Act Income-tax
Date of Order 30/03/2017
Assessment Year 2002-03
Judgment View Judgment
Bot Summary: Heard Sri Alok Mathur, Advocate assisted by Sri Manish Misra, learned counsel for appellant and and perused the record. Following two substantial questions of law are formulated in this appeal: I. That on the facts as mentioned in the statement of facts, whether the Income Tax Appellate Tribunal was justified in law in deleting the addition made by the A.O. and confirmed by the Commissioner of Income Tax in respect of disallowance of Rs. 25,27,000. 00 on account of share issue expenses debited in PL account, contrary to the decision of Hon'ble Supreme Court in the case of PIDC Ltd. Vs. CIT reported in 225 ITR 972. II. That on the facts as mentioned in the statement of facts, whether the Income Tax Appellate Tribunal was justified in law in deleting the addition made by the A.O. and confirmed by the Commissioner of Income Tax in respect of disallowance of Rs. 10,36,839. 00 on account of miscellaneous expenses debited in Profit Loss account being unverfiable in nature. We find that both these questions are in fact involve factual aspect and Tribunal on the basis of material available on record and looking to other aspects have recorded finding in favour of Assessee. In our view, no substantial question of law involves in this appeal.


Court No. - 3 Case :- INCOME TAX APPEAL No. - 150 of 2008 Appellant :- Commission Of Income Tax (Central ) Respondent :- M.S Jay Pee Cement Ltd. Counsel for Appellant :- D.D.Chopra, Alok Mathur, Manish Misra Hon'ble Sudhir Agarwal,J. Hon'ble Ravindra Nath Mishra-II,J. 1. Heard Sri Alok Mathur, Advocate assisted by Sri Manish Misra, learned counsel for appellant and and perused record. 2. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") has arisen from judgment and order dated 08.02.2008 passed by Income Tax Appellate Tribunal, Lucknow Bench 'B', Lucknow in I.T.A. No. 1/Luc/2007 and I.T.A. No. 275/Luc/2007, relating to Assessment Year 2002-03. 3. Following two substantial questions of law are formulated in this appeal: "I. That on facts as mentioned in statement of facts, whether Income Tax Appellate Tribunal was justified in law in deleting addition made by A.O. and confirmed by Commissioner of Income Tax (Appeals) in respect of disallowance of Rs. 25,27,000.00 on account of share issue expenses debited in P&L account, contrary to decision of Hon'ble Supreme Court in case of PIDC Ltd. Vs. CIT reported in 225 ITR 972. II. That on facts as mentioned in statement of facts, whether Income Tax Appellate Tribunal was justified in law in deleting addition made by A.O. and confirmed by Commissioner of Income Tax (Appeals) in respect of disallowance of Rs. 10,36,839.00 on account of miscellaneous expenses debited in Profit & Loss account being unverfiable in nature." 4. However, we find that both these questions are in fact involve factual aspect and Tribunal on basis of material available on record and looking to other aspects have recorded finding in favour of Assessee. In our view, no substantial question of law involves in this appeal. 5. Dismissed accordingly. Order Date :- 30.3.2017 AK Commission of Income-tax, (Central ) v. M/s Jay Pee Cement Ltd
Report Error