IN THE HIGH COURT OF DELHI AT NEW DELHI
12.
.
ITA 1462/2006
.
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COMMISSIONER OF INCOME TAX ..... Appellant
Through Ms.P.L.Bansal, Advocate.
.
versus
.
.
ESCORTS FINANCE LTD ..... Respondent
Through Mr.R.M.Mehta, Advocate.
.
.
CORAM:
HON'BLE MR. JUSTICE VIKRAMAJIT SEN
HON'BLE DR. JUSTICE S. MURALIDHAR
.
.
O R D E R
28.11.2006
Admit.
Following substantial questions of law arise for consideration:
?1. Whether ITAT was correct in law in deleting the addition of Rs.192.45
lacs made by the Assessing Officer by disallowing write off by the assessee of
the income on account of certain debts as per guidelines issued by RBI?
.
2. Whether guidelines issued by RBI would prevail over the statutory
provisions of the Income Tax Act in the absence of any specific provision?
.
3. Whether ITAT was correct in law in allowing the deduction of such
income accrued to the assessee on certain debts, which had not become
irrecoverable and not written off in the books of accounts?
.
.
.
4. Whether ITAT was correct in law in allowing depreciation to the
assessee @ 40% on the vehicles leased out by the assessee?
.
5. Whether ITAT was correct in law in allowing depreciation of
Rs.84,61,750/- to the assessee on the assets purchased and leased back to the
same parties?
.
6. Whether ITAT was correct in law in holding that the provisions made by
the assessee for bad and doubtful debts, provision for diminution in value of
investment, lease equalization charges and income reversals as well as transfer
from delinquency reserve could not be added to the book profit while calculating
taxable income under section 115JA of the Act??
.
The Appellant is directed to file Paper book within three months, as per
rules.
List with ITA Nos.7/02, 408/03 and 1387/2006 in regular course.
.
.
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VIKRAMAJIT SEN, J
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.
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S. MURALIDHAR, J
NOVEMBER 28, 2006
dn