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TMI Blog2008 (2) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... ee had collected the amount fraudulently in the shape of labour welfare fund – amount in question which remained unspent at the end of the year was not assessee’s own money but a liability – hence additions are deleted - 363 and 364 of 2004 - - - Dated:- 29-2-2008 - Satish Kumar Mittal and Rakesh Kumar Garg JJ. Yogesh Putney, Advocate for the appellant-Revenue. JUDGMENT The judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any case, if any addition is required to be made for perks, the same can be made in the hands of the M.D. of the Company but no disallowance is called for in the hands of the Company and thus deleted the addition of Rs.66,221/- on account of car expenses including insurance and depreciation for personal use of the car? b) Whether on the facts and in the circumstances of the case, the ITAT was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trading receipts of the assessee brought to tax the amount of Rs.7,00,037/- the unspent balances as income for assessment year 1994-95. Likewise Rs.788299/- have been brought to tax as trading receipts for assessment year 1995-96. 4. The Commissioner of Income Tax(A) treated this amount as a liability of the assessee by following the decision of Hon'ble the Supreme Court of India in Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is not discernible from the order. The Revenue placed on record details of LWC Receipts of various projects month wise for the Assessment Year 1993-94. 7. We have heard learned counsel for the Revenue. 8. It is pointed out by the learned counsel that the amount in question was paid by the Contractor for the welfare of the labourers at mines. This amount never reached the assessee as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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