2019 (2) TMI 743

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....ment u/s 143(3) of the Act was completed at an income of Rs. 55,58,36,830/- after making a disallowance of Rs. 69,45,219/- u/s 40(a)(ia) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for non-deduction of TDS on bank charges deducted by the various banks. The book profit u/s 115JB of the Act as per the assessee's computation was Rs. 1,04,50,10,050/- but the same was determined at Rs. 1,04,54,13,356/- after making a disallowance of Rs. 4,03,306/- pertaining to the gratuity liability of the assessee on the ground that the same was unascertained liability. 2.1 The assessee's appeal before the Ld. CIT (Appeals) was allowed on both the grounds wherein both the disallowances were deleted and now the department is before the....

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....erused the material on record as well as the order of the ITAT for assessment year 2012-13 in assessee's own case, we agree with the averments of the Ld. AR that both the issues are squarely covered in assessee's favour. A perusal of the order of the ITAT in ITA No. 4943/Del/2015 for assessment year 2012-13 vide order dated 23.10.2017 shows that the finding of the ITAT with respect to the first issue being raised by the department is contained in Para 4 and 5 of the said order wherein the Coordinate Bench has relied on the judgment of the Hon'ble Delhi High Court in the case of CIT vs. JDS Apparels (P) Ltd. reported in (2015) 370 ITR 454 (Delhi) and has held that since the bank was making the payment to the assessee after making deduction o....

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....requires that a person should not be subjected to any sort of detriment unless the obligation is clearly imposed. When the words are equally capable of more than one construction, the one not inflicting the penalty or deterrent may be preferred. In Maxwell's The Interpretation of Statutes, 12th edition (1969) it has been observed: "The strict construction of penal statutes to manifest itself in four ways: in the requirement of express language for the creation of an offence; in interpreting strictly words setting out the elements of an offence; in requiring the fulfillment to the letter of statutory conditions precedent to the infliction of punishment; and in insisting on the strict observance of technical provisions concerning cri....