2019 (6) TMI 617

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....Heard. 2. The appeal is admitted for consideration of following substantial question of law:- "Whether on the facts and circumstances of the case and in law, the ITAT was right in directing to treat the technical services fee amounting to Rs. 4,92,14,495/- as revenue expenditure without appreciating the fact that the employees cost in respect of employees associated with foreign techni....

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.... advance liability amounting to Rs. 10,38,34,396/- as capital receipt without appreciating the fact that the remission of a sum of Rs. 10,38,34,396/- obtained by the assessee is taxable receipt u/S. 28(iv) and / or u/S. 41(1) of the Income Tax Act? (c) Whether on the facts and circumstances of the case and in law, the ITAT was right in directing to delete the disallowance on account of sp....

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....is concerned, the same has come up for consideration on several occasions before this Court in case of this very assessee for earlier assessment years. Reference to one such order can be made in Income Tax Appeal No. 901 of 2011 dated 15.4.2014 in which Revenue's ground was dismissed in following manner : "13. To our mind, even the provision for pending labour demands and its disallowance....

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.... as question No. (c) is concerned, this one also considered by this Court on multiple occasions and not entertained. Reference in this respect can be made to an order dated 15.4.2014 in Income Tax Appeal No. 997 of 2011. This question is, therefore, not considered. 7. In so far as question No. (d) is concerned, the facts on record would suggest that the assessee had incurred expenditure of Rs. ....