High CourtsDivision Bench(2008) 08 DEL CK 0141

Commissioner of Income Tax vs Dalmia Cement (Bharat) Ltd.

Delhi High Court · Decided on 21 August 2008

HON’BLE JUDGES
Rajiv Shakdher, J · Badar Durrez Ahmed, J
CASE NUMBER
IT Appeal No. 24 (Delhi) of 2006

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Judgment

5 paragraphs · 170 words
1.

Admit. The fallowing substantial question of law arise for consideration of this Court:

1.

Whether the Income Tax Appellate Tribunal was correct in law in deleting the disallowance amounting to Rs. 23,86,401/- on account of alleged payment made to field organizers/sales promoters for organizing sales of non-levy cement.

2.

Whether the Income Tax Appellate Tribunal was correct in law in directing the Assessing Officer to bifurcate the costs forwards civil construction and plant & machinery with respect to the expenditure, on water installations and water distribution system for the purpose of computing depreciation as per the rates applicable?

3.

Whether the Income Tax Appellate Tribunal was correct in law in allowing the assessee to reduce the amount of higher free sale quota under the sugar incentive scheme holding the sugar incentive scheme holding the same as capital receipt.

2.

No other substantial question of law arises for consideration in this appeal. The appellant shall file the paper books within three months as per rules. Tag alongwith ITA No. 449/2007.