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1 - 10 of 16 (0.29 seconds)Section 14A in The Income Tax Act, 1961 [Entire Act]
Section 37 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
The Income Tax Act, 1961
M/S. Rotork Controla India (P) Ltd vs Commnr. Of Income Tax, Chennai on 12 May, 2009
In
fact considering the nature of industry the assessee is involved and also
considering the consistent practice of assessee fasten with liability on account of
warranty from the customers in accordance with the warranty clause thereon;
and also considering the fact that the provision for warranty thereon being given
on scientific basis which is not disputed by the revenue, we hold that the decision
of the Hon'ble Supreme Court in the case of Rotork Control (supra) squarely
applied to the facts of the assessee. Accordingly, the ground No. 3 raised by the
revenue is dismissed.
M/S. International Tractors Ltd., ... vs Dcit (Ltu), New Delhi on 23 July, 2018
25. In order verify the eligibility of claim of deduction u/ 80JJAA of the Act, the
AO directed the assessee to produce the primary records vide order sheet entry
dated 22.12.2011 asking for employee list of the years 2005-06 to 2008-09 along
with muster roll and attendance sheet; appointment letters of old and new
employees along with resignation letters of the employees who left the
organization and also to explain why deduction u/s 80JJAA of the Act was not
claimed in the return of income for AY 2007-08. The ld AO observed that the ld
AR of the assessee expressed his inability to produce the desired records within a
short span of time and on the adjourned date of hearing on 28.12.2011 the ld AO
observed that the assessee had merely stated and it had complied with all the
requirement section 80JJAA of the Act. The ld AO also observed that the assessee
furnished a CD containing the details of salary paid to different persons starting
from April 2006 to March 2009 but did not give any break-up of casual workers,
permanent workers and workers employed through contract labour. The ld AO
observed that in the absence of these primary details the claim of deduction u/s
80JJAA of the Act was not allowable to the assessee company and accordingly a
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ITA No. 3811/Del/2014
ITA No. 3633/Del/2014
International Tractors Ltd
sum of Rs. 3,73,37,902/- was disallowed and added back to the total income.
Before the ld CIT(A) the assessee submitted that even monthly pay register were
produced before the ld AO on 30.12.2011 which could not be verified by him due
to paucity of time. The assessee also furnished the copy of the prescribed
certificate in Form 10D containing the relevant details for ascertaining the wages
paid to new regular workman for the purpose of claiming deduction u/s 80JJAA of
the Act. The ld CIT(A) by placing reliance on the order passed by his predecessor
for AY 2007-08 and 2008-09 deleted the disallowances and granted deduction u/s
80JJAA of the Act to the assessee. We find that Hon‟ble Jurisdictional High court
in assessee‟s own case in the case of International Tractors Ltd Vs. DCIT reported
435 ITR 85 observed as under:-
Commissioner Of Income Tax vs Jai Parabolic Springs Ltd. on 7 April, 2008
"5. The ITAT has agreed the reasoning given by the CIT (Appeals) and has
relied upon the decision of this Court in CIT v. Jai Parabolic Springs Ltd. (2008)
306 ITR 42 (Del.).
National Thermal Power Co. Ltd. vs Commissioner Of Income Tax on 4 December, 1996
The Supreme Court further clarified that the
issue raised in Goetze (India) Ltd. (supra) was limited to the power of
assessing authority and did not impinge on the power of the tribunal as was
in the case of National Thermal Power Ltd. (supra). In the present case also
the appellate forum had entertained the claim made by the respondent-
Gadore Tools Pvt. Ltd., New Delhi vs Commissioner Of Income Tax on 19 February, 1999
In the said case Delhi High Court has referred to the powers
of the appellate forum and the decisions of the Supreme Court in National
Thermal Power Co. Ltd. v. Commissioner of Income-tax (1998) 229 ITR 383
(SC), Gedore Tools Pvt. Ltd. v. Commissioner of Income-tax (1999) 238 ITR
268, Jute Corporation of India Ltd. v. Commissioner of Income-tax (1991) 187
ITR 688 (SC) and held that the appellate forum could have entertained and
decided the said aspect.