2014 (4) TMI 561

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Mistry, A. K. Jasaniappeal JUDGMENT P. C. 1 Having heard Mr.Gupta, learned senior counsel on behalf of the revenue and Mr.Mistry, learned senior counsel on behalf of the assessee. We find that as far as substantial question of law at page 4 of the paper book is concerned, that is squarely arising in the facts and circumstances of this case for determination and consideration of this Cour....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and maintained which results in saving of transportation costs for the assessee and that augments the profits of the assessee, then, the requirement of the section is applied. 3 On the other hand, Mr.Gupta would submit that the judgment of the Hon'ble Supreme Court which is relied upon by the Commissioner of the Income Tax (Appeals) and the Income Tax Appellate Tribunal, namely, Tata Iron ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and perusing with their assistance the orders passed by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal, we are of the opinion that though the appeal deserves admission but it should not be on the question of law as framed at page 5 of the paper book. That questions the very applicability of the provision. From the finding of the Commissioner of Income Tax (Appeals),....