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TMI Blog2016 (4) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... of profit of eligible unit on proportionate basis for the purpose of deduction u/s 80IB and 80IB - HELD THAT:- This Court dismissed the Revenue s appeal in [ 2013 (2) TMI 789 - BOMBAY HIGH COURT ] - The questions raised therein were identical to question arrived herein. No distinguishing features have been shown to us for the subject assessment year from that existing for the A.Y. 199596. In the above view, question nos. (1), (2), (5), (6), (7) and (8) do not give rise to any substantial question of law. Thus, not entertained. Interest on DPEA liability allowed as expenditure on year to year basis - whether interest liability was neither claimed as deduction in the return of income nor claimed as expenses in its books of account and at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 12th June, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 12th June, 2013 is in respect of Assessment Year 2000-01. 2. This appeal raises the following questions of law for our consideration : "(1) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the share issue expenses incurred or raising capital for purchase of plant and machinery should be capitalized and depreciation be allowed on the same ? (2) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the entire expe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diture was involved in earning dividend and directing to allow deduction u/s 80M on the entire dividend income received, without appreciating the fact that the assessee has been maintaining a common P&L account in respect of all sources of income and all types of expenses and, therefore, the expenses incurred / attributable to the exempt income can only be estimated? (7) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the payments made to Glaxo Sports Club do not fall within the purview of Section 40A(9) of the Income Tax Act ? (8) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in directing the Assessing Officer that enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from the order of the Tribunal for the A.Y. 1995- 96 on 25th February, 2013. The questions raised therein were identical to question arrived herein. No distinguishing features have been shown to us for the subject assessment year from that existing for the A.Y. 199596. In the above view, question nos. (1), (2), (5), (6), (7) and (8) do not give rise to any substantial question of law. Thus, not entertained. 5. Re. question no. (3) : Mr. Suresh Kumar, learned Counsel for the Revenue very fairly states that question arising herein was an issue which arose for the Assessment Year 199697 before the Tribunal and decided against the Revenue. Being aggrieved, the Revenue had filed an appeal from the order of the Tribunal for A.Y. 199697 on an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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