2014 (4) TMI 900

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....C. S. C.,Shambhu Chopra For the Respondent : R. S. Agarwal ORDER This is an appeal under section 260-A of the Income Tax Act relating to the assessment year 1989-90 arising from the order of the Tribunal dated 7.5.2003. The appeal has been admitted on the following questions:- A- Whether the Hon'ble Tribunal is legally justified in upholding the order of CIT(a) who directed to c....

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....nior Standing Counsel for the Revenue and Sri Rupesh Jain appearing for the respondent along with Sri R.S. Agarwal. So far as the question 'A' is concerned, the same is covered by the decision of this Court in Income Tax Appeal No. 277/1999 in the case of Commissioner of Income Tax, Bareilly and Others vs. M/S. Rampur Distillery & Chemical Co. Ltd. decided today. In as much as it is not....

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....the appeal has been decided by CIT (Appeal) and by the Tribunal. Therefore, it is not upon to the Revenue to raise this issue again in this appeal. So far as the question 'B' is concerned, the Tribunal has deleted the dis-allowance of interest to the tune of Rs. 6,36,698/- on the basis of the order of the Tribunal for the assessment year 1990-91. Against the order of Tribunal, Revenue f....

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.... Income Tax Act, 1961?. The Apex Court observed that "as far as the question no. 2 is concerned, we find that a series of judgements have been passed by High Courts holding that club membership fees for employees incurred by the assessee is business expense under section 37 of the Income Tax Act, 1961. We also find that none of the decisions have been challenged in this Court. Even otherwise, w....