2013 (11) TMI 1519

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....ount of expenditure incurred towards retainership fee paid to M/s. Sreebala P. Ltd. 3. Having heard both sides and perused the relevant material on record, it is noticed that the authorities below have relied on their respective decisions taken in the earlier years on the same ground for the purpose of not allowing and allowing the deduction. The appeal of the assessee for the immediately preceding assessment year, i.e., 2004-05 came up for decision before the Tribunal. Vide order in Deputy CIT v. Philips Carbon Black Ltd. I.T.A. No. 566/Kol/2009 ([2012] 146 TTJ (Kol) 175 ), the Tribunal has accepted the assessee's claim on this issue by following the earlier order of the Tribunal. Relevant discussion is made in paragraph 3 of the Tr....

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....9.04 18.11.04 PF administrative charges 21,032 15.09.04 16.09.04 Employer's contribution to PF 1,567 15.09.04 - Unpaid sales tax     6. The Assessing Officer did not allow the deduction in respect of these amounts as there was delay in making payments of such statutory liabilities beyond the period prescribed under the respective Act or there was no payment. The learned got convinced with the assessee's submissions and allowed the relief by noticing that all, except the amount of sales tax of Rs. 1,567, were paid before the due date as prescribed under section 139(1) of the Act. The Revenue has challenged the decision of the learned on the point. 7. After considering the rival submissi....

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....In consideration of the same, the assessee agreed to pay a sum of Rs. 3.40 crores per annum to STSL towards flying rights charges. It was explained that the assessee was the largest carbon black manufacturer in the country having manufacturing facilities at several places and also having offices and warehouses at different locations in the country to cater to business needs. For this purpose, the assessee stated to have obtained the exclusive flying rights of an aircraft for which the above referred payment was made. It was also explained that STSL was to incur all costs and expenses associated with the operation of the aircraft. The Assessing Officer opined that the assessee failed to explain the business expediency of incurring such expen....