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Commissioner Of Income Tax vs M/S.Ashok Leyland Ltd on 20 June, 2012

Index: Yes / No					          (C.V.,J.)  (K.R.C.B.,J.)
Internet: Yes / No                                                    20.06.2012
ksv
To

1. The Income Tax Appellate Tribunal, Bench "A" Chennai.
2. The Commissioner of Income Tax (Appeals)-I, Chennai-34.
3. The Assistant Commissioner of Income Tax, Central Circle-II(1)
    Chennai-34.

CHITRA VENKATARAMAN,J.
and
K.RAVICHANDRA BAABU,J.

ksv

















Tax Case (Appeal)Nos.1253, 1254
and 1256 of 2005         















Dated: 20.06.2012

Ashok Leyland Ltd. vs Asstt. Cit on 4 February, 2005

9. We find that this issue now stands settled by the decision of the jurisdictional High Court rendered in the case of CIT v. Ennar Steel & Alloy (P.) Ltd. (2003) 261 ITR 347 (Mad.). The Hon'ble High Court has held that the preliminary expenses in respect of which benefit can be claimed under section 35D of the Income Tax Act, 1961, have been spelt out in that section. The power reserved to include other items of expenditure has not been exercised by the authority who had been conferred with the power. The Tribunal cannot proceed to exercise that power and include within section 35D, items which have not been included therein by Parliament. The deductions allowable under the Act have necessarily to be allowed in accordance with the provisions of the Act as it exists.
Income Tax Appellate Tribunal - Chennai Cites 9 - Cited by 0 - Full Document
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