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2017 (9) TMI 821
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....esh Sethi, Senior Standing Counsel with Mr. Tushar Gera, Advocate ORDER Ajay Kumar Mittal,J. 1. The appellant-revenue has filed the instant appeal under Section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 30.11.2016, Annexure A.5, passed by the Income Tax Appellate Tribunal, Delhi Bench 'F', New Delhi (in short, "the Tribunal") in ITA No. 2680/DEL/2010, ....
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....te claim made by assessee under Section 80HHC regarding working of business profits can be said to be a contentious issue? (iv) Whether on the facts and in the circumstances of the case, in hand, once it is seen that the disallowance of gratuity amount was found to be against the provisions of law, the imposition of penalty was not bound to follow as a direct consequence thereof? ....
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....as completed under Section 143(3) of the Act at a total income of Rs. 4,43,44,621/- by making addition of Rs. 9,50,087/- under Sections 43B, 36(1)(va) and 2(24)(x) of the Act, Rs. 1,37,286/- on account of selling and distribution expenses, Rs. 61,859/- on account of depreciation of pollution and control equipment, Rs. 4,60,485/- on account of gratuity and Rs. 50,23,687/- under Section 80HHC of the....
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....ll not satisfied, the assessee filed an appeal before the Tribunal at New Delhi. Vide order dated 30.11.2016, Annexure A.5, the Tribunal allowed the appeal and deleted the penalty following the decision of the Apex Court in CIT Ahmedabad Vs. Reliance Petroproducts Private Limited (2010) 322 ITR 158. Hence, the instant appeal by the appellant-revenue. 3. We have heard learned counsel for the app....