2022 (8) TMI 737

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....T AND Ms. SUCHITRA KAMBLE , JUDICIAL MEMBER Revenue by : Shri Ramesh Kumar , Sr. DR Assessee by : Shri Suresh Gandhi , CA ORDER PER SUCHITRA KAMBLE , JUDICIAL MEMBER : These cross appeals are filed by the Revenue and assessee against the order dated 09.08.2021 passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2017-18. 2. The Revenue has r....

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....rovisions of Section 43B are no longer applicable in respect of deduction allowed u/s.36(1)(va) of the Act. Considering the decision rendered by Hon'ble Karnataka High Court in the case of Essae Teraoka (P.) Ltd. Vs. DCIT (2014) 43 taxmann.com 33 (Karnataka), the addition of Rs.5,77,140/- confirmed by the Ld. CIT(A) deserves to be deleted." 3. The assessee company is engaged in the business of ....

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....ee. 5. At the time of hearing, Ld. AR submitted that in assessee's own case for A.Y. 2016-17 being ITA No.672/Ahd/2019 DCIT vs. Vishnu Pouch Packaging Pvt. Ltd., order dated 29.09.2021, the Tribunal has decided the issue in favour of the assessee and dismissed the appeal of the Revenue. 6. The Ld. DR submitted that the Tribunal's order is against the Revenue yet the Assessing Officer has rig....

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....00/- as trade mark licence utilization fees and debited the said amount under the head 'selling and distribution expenses', the assessee company came into existence after conversion of erstwhile firm namely M/s Vishnu Packaging (firm) and the firm was also carrying out the same business of manufacturing the pan masala under the brand name Vimal which was taken over by the assessee company. The ass....