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Case Law Details

Case Name : DCIT Vs. M/s. Ochoa Laboratories Ltd. (ITAT Delhi)
Appeal Number : ITA No. 4114/Del/2009
Date of Judgement/Order : 25/08/2017
Related Assessment Year : 2006- 07
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 These three appeals of the Revenue and two cross objection of the assessee, are directed against separate orders of the Commissioner of Income-tax (Appeals), New Delhi (in short the ‘CIT-(A)’]. In assessment years 2006-07, the assessee has not filed cross objection against the appeal of the Revenue, however, in assessment years 2007-08 and 2008-09, the assessee has filed cross objections against the appeal of the Revenue. Since common issues are involved in the appeals of the Revenue and Cross Objections of the assessee, same were heard together and disposed off by this consolidated order.

ITA No. 4114/Del/2009 for AY: 2006-07

2. First we take up the appeal of the Revenue for assessment year 2006-07 having ITA No. 4114/Del/2009. The grounds of appeal raised by the Revenue are reproduced as under:

(1) On the facts and circumstances of the case as well as in law, the Ld CIT (A) has erred in deleting the addition of Rs 1,63,90,136/- on account of dis-allowance of 50% of sales promotion expenses without appreciating that the assessee could not establish the allow ability of its claim in spite of multiple opportunities granted to it by the A O and ignoring, inter alia, the following facts:

(i) Assessee’s failure to give the bifurcation of expenses related to business and non business purposes.

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