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2013 (3) TMI 696

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....   P.C. :- 1. Appeal is admitted on the following reframed substantial questions of law :- (i) Whether on the facts and in the circumstances of the case and in law, the Tribunal is justified in holding that Rs. 7,61,33,928/- is capital expenditure ? (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in not alternatively directing responde....

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....aw in not ajudicating the alternative ground of the appellant that the development expenses Rs. 1,20,21,845/- on new range of compact tractors are deductible under Section 35 of the Act ? (vi) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that octroi subsidy Rs. 17.9 crores received by appelant is revenue receipt notwithstanding that in the ....

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....cumstances of the case and in law, the Tribunal erred in confirming the disallowance of Employees Stock Option (ESOP) expenses Rs. 3,69,07,378/- ? (x) Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in setting aside the ground pertaining to club expenses Rs. 1,17,01,995/- despite the same being allowed by the Tribunal in the preceding assessment years....

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....21,865/- pertaining to sale of Research and Development (R & D) capital assets ? (xiv) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that Rs. 10.5 crores received for non-compete convenant from the appellant's subsidiary is assessable as revenue receipt under Section 28(va) as against capital gains under Section 45 claimed by appellant ?....