October 2002

Sec. 256(1), Sec. 41(1), Section 256, Section 41

Rajasthan H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the excise duty collection was a trading receipt in the year of receipt and hence excise duty refund of Rs. 1,45,752 was liable to tax in the hands of the assessee under s. 41(1) of the IT Act, 1961 ?

High Court Of Rajasthan Wolkem (P) Ltd. vs. CIT Sections 41(1), 256 Asst. Year 1986-87 N.N. Mathur & H.R. Panwar,

Sec. 35CCA, Section 35

S.C : Whether, on the facts and in the circumstances of the case, the Tribunal having held that the assessee have fulfilled all conditions laid down in section of the IT Act, 1961, r/w r. 6AAA of the IT Rules for deduction of the amount donated to the approved society, which had not come back to the assessee soon after or later on in some form at the other, that Tribunal was justified in law in restoring the matter to the AO on the reasons to the AO on the reasons and grounds given in the order passed on appeal ?

Supreme Court Of India CIT vs. Chotatingrai Tea & Ors. Etc. Section 35CCA Ms. Ruma Pal & B.N. Srikrishna, JJ.

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