Monday, March 24, 2014

[aaykarbhavan] when in earlier asstt. years the revenue accepted the order of the tribunal in favour of the assessee, then Revenue cannot be allowed to flip flop on the issue and it ought let the matter rest rather than spend the tax payers money in pursuing litigation for the sake of it



ITAT DELHI
Asstt. Commissioner of Income Tax Versus M/s. Tupperware India Pvt. Ltd.
Deletion on account of mould expenses - Expense or rent on moulds relate to M/s Dart India ITL and not to the assessee company Held that - There is no change in the facts, situation or in law thus, the Revenue cannot be allowed to adopt a different stand the decision in Commissioner of Income Tax Versus M/s Excel Industries Ltd. and Mafatlal Industries P. Ltd. SUPREME COURT relied upon - when in earlier asstt. years the revenue accepted the order of the tribunal in favour of the assessee, then Revenue cannot be allowed to flip flop on the issue and it ought let the matter rest rather than spend the tax payers money in pursuing litigation for the sake of it - the expenditure on mould is allowable in the hands of the assessee .
 
Regards
Prarthana Jalan


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