2019 (7) TMI 993

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....e Respondent   P.C.: 1. Revenue has filed this appeal challenging the judgment of the Income Tax Appellate Tribunal, Pune ("the Tribunal" for short) dated 9.5.2016. 2. Following questions are presented for our consideration: (A) Whether on the facts and circumstances of the case and in law, the Tribunal erred in disregarding the motive of the tax payer of tax evasion on the ....

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....rashtra Chakan Oil Mills Ltd (NMCOML) thus having no title / dominion and right to use the assets? (C) Whether in law, facts and circumstances of the case, the Tribunal was correct in deleting the addition due to disallowance on account of employee's contribution to Provident Fund (PF), Employee's State Insurance Corporation (ESIC) and Maharashtra Labour Welfare Fund and ignoring ....

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....same is made before filing of the return. This question is, therefore, not considered. 5. The sole surviving question pertains to the assessee's claim of depreciation on purchase of windmill. The Assessing Officer was of the opinion that the assessee not being the registered owner of the windmill could not have claimed the same. The Commissioner and the Tribunal, however, concurrently came ....