Court upholds Income Tax Tribunal's decision on benefits under sections 11 and 12 of Income Tax Act.

The Court dismissed the appeals challenging the Income Tax Appellate Tribunal's order, which allowed benefits under sections 11 and 12 of the Income Tax Act. The Tribunal's decisions on disallowances related to premium on land and shades, depreciation allowance, deficit carry forward, and unpaid leave encashment were set aside for reconsideration, citing Section 2(15) of the Act. The Court upheld the Tribunal's decisions, noting that the issues had already been settled against the Department in a previous related case.

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Issues:
1. Appeal against the order of the Income Tax Appellate Tribunal (ITAT) for multiple assessment years.
2. Disallowance of benefits under sections 11 and 12 of the Income Tax Act.
3. Disallowance of premium on land and shades.
4. Re-examination of depreciation allowance.
5. Carry forward and set off of deficit against current year's income.
6. Disallowance of unpaid leave encashment.

Analysis:
1. The petitioner appealed against the common order dated 10.11.2017 by the ITAT for various assessment years. The primary questions of law raised were related to the denial of benefits under sections 11 and 12 of the Income Tax Act. The Appellate Tribunal had allowed the assessee's appeal, contradicting the findings of the CIT(A) and the Assessing Officer. The Tribunal was also questioned for giving benefits under Section 11 and 12, which were initially disallowed by invoking Section 2(15) r.w.s. 13(8) of the Act.

2. The issue of disallowance of a significant amount on account of premium on land and shades was raised. The Appellate Tribunal set aside this issue back to the Assessing Officer, considering the applicability of Section 2(15) of the Act. The Tribunal's decision was challenged, questioning whether it was justified in setting aside the addition made by the Assessing Officer.

3. Another issue involved the re-examination of depreciation allowance by the Assessing Officer. The Appellate Tribunal set aside this issue for reconsideration, citing the applicability of Section 2(15) of the Act. The Tribunal's decision was questioned for setting aside the issue and not upholding the decision of the Assessing Officer.

4. The matter of carry forward and set off of deficits from earlier years against the current year's income and subsequent years was also disputed. The Appellate Tribunal set this issue back to the Assessing Officer, considering Section 2(15) of the Act. The Tribunal's decision was challenged for not upholding the decision of the CIT(A) on merits.

5. Lastly, the issue of disallowance in respect of unpaid leave encashment was raised. The Appellate Tribunal set aside this issue back to the Assessing Officer, citing the applicability of Section 2(15) of the Act. The Tribunal's decision was questioned for not upholding the decision of the CIT(A) on merits.

6. The respondent's advocate pointed out that the issues raised in the present appeals were already concluded against the Department based on a previous decision of the Division Bench of the Court in a related case. Consequently, the Court dismissed the present appeals as the issues were already settled against the Department.

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