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Commissioner, Of Income Tax, Meerut v. M/S. Saru Smelting (P) Ltd., Sardhana Road, Meerut - INCOME TAX APPLICATION DEFECTIVE No. 20 of 1999  RD-AH 12207 (18 July 2007)
Court No. 37
Income Tax Application No. (20) of 1999
Commissioner of Income Tax, Meerut
M/s. Saru Smelting (P) Ltd., Meerut
Hon'ble Sushil Harkauli, J.
Hon'ble K.N. Ojha, J.
In respect of the same assessee, for the Assessment Year 1982-83, similar question has been answered in favour of the assessee and against the Revenue by a decision of a Division Bench of this Court dated 3.2.2005 passed in I.T.R. No. 172 of 1989, C.I.T. Meerut Versus M/s. Saru Smelting (P) Ltd., Meerut.
The present case relates to Assessment Year 1988-89. The question which is sought to be answered at the instance of the department reads as follows:
"Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was right in deleting the disallowances of the perquisites to the Directors amounting to Rs. 1,36,425/- under section 40A(5)(a)(ii) read with section 40C?"
For the same reasons as mentioned in the said judgment dated 3.2.2005, which we have not been shown any reason to disagree with, the question quoted above is answered in favour of the assessee and against the Revenue.
The Income Tax Application is accordingly disposed of as above.
Dated: July 18, 2007
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