2008 (1) TMI 937 - HC - Income Tax

Summary

Issues involved:
The judgment involves questions regarding disallowance of expenses, admissibility of depreciation, and confirmation of disallowance under section 40A(8) of the Income Tax Act, 1961.

Disallowance of Kamla Retreat expenses:
The Ld. ITAT was justified in holding that Kamla Retreat expenses of Rs. 27,746 were rightly disallowed. The reference for this issue was not pressed by the Assessee due to the negligible amount involved.

Depreciation on plant and machinery:
The Ld. ITAT correctly held that depreciation on plant and machinery installed in the premises of JKCM was admissible only to the extent of 50%. This decision was not contested by the Assessee.

Admissibility of 50% depreciation:
The Ld. ITAT was correct in holding that 50% depreciation is admissible on the Plant and Machinery. This issue was not pressed by the Assessee.

Disallowance under section 40A(8):
The Ld. ITAT was justified in confirming the disallowance of Rs. 16,34,549 under section 40A(8) out of interest charged. This decision was made in favor of the Revenue and against the Assessee based on a previous court decision.

Correct disallowance under section 40A(8):
The Ld. ITAT correctly disallowed an amount of Rs. 17,478 under section 40A(8) out of the interest charged relating to JK Steel Division. This issue was not contested by the Assessee.

The judgment addressed various issues related to expenses disallowance, depreciation admissibility, and disallowance under section 40A(8) of the Income Tax Act, 1961. The Assessee did not press certain references due to negligible amounts involved, while other decisions were made in favor of the Revenue based on previous court rulings.