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2024 (8) TMI 434

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..... ues the revenue has accepted the previous orders passed in the assessee s own case. Addition of expenses towards workmen and staff welfare u/s 40A (9) - Supreme Court in Excel Industries Ltd. [ 2013 (10) TMI 324 - SUPREME COURT ] this Court did not find fault in the findings as rendered by the Tribunal in deciding the issue in regard to allowing of the expenses incurred by the assessee towards workmen and staff welfare u/s 40A (9) of the Act. Thus, the Tribunal on such issue having held in the assessee s favour in the assessess s own case for the Assessment Year 1997-98, we are not persuaded to re-examine such question. - G. S. KULKARNI SOMASEKHAR SUNDARESAN, JJ. For the Appellant : Mr. Suresh Kumar,. For the Respondent : Mr. Srihari Iyer .....

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..... rt in Income Tax Appeal No.1696 of 2018 for the Assessment Year 2000-2001. The questions of law as raised in the present proceedings were also questions of law being question of law no.1 and question of law No.4 as raised in the appeal. This Court by the judgment and order dated 25 June 2024 passed on the Revenue s appeal (Principal Commissioner of Income Tax-2 Vs. Tata Chemicals Ltd.) did not entertain the said questions on the ground that on the similar issues the revenue has accepted the previous orders passed in the assessee s own case. In such case, this Court by an order dated 25 June 2024 on similar questions (question Nos.1 and 4) has made the following observations:- Question No. 1 : 4. Insofar as Question No.1 is concerned, it app .....

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..... w (e) as considered by the Court, which is extracted hereunder : (e) Whether on the facts and circumstances of the case and in law, the ITAT is justified in allowing expense related payments to schools, without considering that such expenditure is not allowable as per provisions to section 40A (9) of the I.T. Act, 1961? 9. On the aforesaid question of law, for reasons as set out in paragraph 7 of the said order and applying the principles of law as laid down by the Supreme Court in Excel Industries Ltd. (supra), this Court did not find fault in the findings as rendered by the Tribunal in deciding the issue in regard to allowing of the expenses incurred by the assessee towards workmen and staff welfare under Section 40A (9) of the Act. Thus, .....

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