2015 (1) TMI 1157

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....an, B. J. Agarwal, D. Awasthi, G. Krishna, R. K. Upadhyay For the Respondent : R. S. Agarwal, S. K. Garg ORDER (Delivered By:-Hon'ble Dr. Satish Chandra,J.) 1. The present appeal is filed by the Department against the impugned order dated 21.12.2000 passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No.2115/Alld/1989 for the Assessment Year 1986-87. 2. On 25.4.2007, ....

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....wed the claim of the assessee on account of market fee amounting to Rs. 11,55,809/- by following the decision of the Income Tax Appellate Tribunal rendered in I.T.A. No.586/Alld/1984 for the assessment year 1980-81 and holding that it was a contingent liability, not due and covered u/s 43B of the I.T.Act, 1961?" 3. The brief facts of the case are that during the assessment year under considerat....

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....87 (Calcutta), it was observed that Tube-wells and weighing machines are the parts of the plant and machinery as the same play a necessary role in the manufacture of activities and the assessee is entitled to get the investment allowance. 7. Further, in the case of Commissioner of Income Tax Vs. Mahant Oil Industries Pvt. Ltd. (1992) 193 ITR 620 (Karnataka) it was observed that storage tank of ....

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....ITR 705 (Allahabad) observed that payment of market fee to purchase the sugar cane and sugar is allowable deduction. 11. It may be mentioned that Hon'ble Supreme Court in the case of CIT Vs. Macdowell & Company Ltd, (2009) 10 SCC 755 had held that "bottling fee" realized under the Rules framed under the Excise Act is neither tax nor duty as such Section 43B of the Act is not applicable on i....