2009 (4) TMI 1039 - HC - Income Tax

Summary

Issues involved:
The issues involved in the judgment are:
1. Taxation of dividend income on a net basis
2. Deletion of additions related to telephone expenses and conveyance disallowed under rule 6D
3. Treatment of amount received on termination of re-insurance division as a capital receipt

Taxation of Dividend Income:
The appellant, Revenue, raised the issue of whether the Income Tax Appellate Tribunal (ITAT) was correct in directing the Assessing Officer (A.O.) to tax the dividend income on a net basis. The court noted that this question had already been addressed in a previous case, C.I.T. v. Ambalal Kilachand, and therefore, it was not considered a substantial question of law. As a result, the court dismissed this issue.

Deletion of Expenses:
The appellant also questioned the deletion of additions related to telephone expenses and conveyance disallowed under rule 6D. The court was informed by the counsel for the assessee that this issue had been settled in previous judgments of the court, namely C.I.T. v. Acme Manufacturing Co., C.I.T. v. Chemet, and C.I.T. v. Gannon Dunkerly & Co. Therefore, the court found no substantial question of law in this regard and dismissed the appeal.

Treatment of Amount Received:
Regarding the treatment of the amount received on the termination of the re-insurance division as a capital receipt, the court referred to the judgment in the case of C.I.T. v. Narendra D. Desai. Since this issue was already covered by a previous judgment, the court concluded that no substantial question of law was involved in this appeal. Consequently, the appeal was dismissed with no order as to costs.