2019 (2) TMI 244

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....dent P.C. 1. This appeals is admitted for consideration on following reframed substantial questions of law : (a) Whether, the respondent / assessee fulfills the requirement stipulated in Section 80IA(4) of the Income Tax Act, 1961 once the conclusion reached is that it is contractor and not developer as stated in the subsection? (b) Whether, in the facts and circumstances of the case t....

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....in law, the Tribunal was right in deleting the addition made by the AO u/s 41(1) on account of bogus claim of expenses in the name of labour contractors / sub-contractors which are outstanding for a number of years? (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in allowing depreciation @80% on civil construction, electrical and other non-integral ....

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.... same arises out of the additions made by the Assessing Officer under Section 41(1) of the Income Tax Act, 1961 ("the Act" for short) on account of bogus claim of liability. The Tribunal while giving relief to the assessee, referred to the decision of the Supreme Court and other decisions holding that merely because period of 3 years expired from arising of the liability would not automatically me....

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.... has recorded finding of fact that windmill was erected in the desert area of Rajasthan which required special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. The Tribunal has also followed the decision of this Court in the case of Commissioner of Income Tax Vs. Herdilla Chemicals Ltd. reported in (1995) 216 I.T.R. 742 (Bo....