M/S Escorts Employees Ancillaries Limited Faridabad v. Additional Commissioner Ofincome Tax, Faridabad

ITR No.167 of 1999 (O&M) odoe 377 IN THE HIGH COURT OF PUNJAB AND HARYANA|AT CHAN DIGAR ITR No.167 of 1999 (O&M)Date of Decision : 15.11.2019 M/s Escorts Employees Ancillaries Limited Faridabad ...... Appellant Versus Additional Commissioner ofIncome Tax, Faridabad ...... Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARIHON'BLE MRS. JUSTICE ALKA SARIN /// Present :-Mr. Alok Mittal, Advocate for the appellant. None for the respondent. /// AJAY TEWARI, J. (QRAL) The Income Tax Appellate Tribunal Delhi Bench “D”(hereinafter referred to as, the Tribunal) had forwarded the followingquestions of law for an answer :- “(1) Whether the ITAT was correct in law and in thefacts andin the facts and circumstances of the case in holding thatdeduction u/s 35AB could not be allowed in respect ofpayments made prior to 1.4.1986 and thereby denyingdeduction ofRs.1,26,944/- being 1/6[th]of Rs.7,61,666/-.(2) Whether ITAT was correct in law in not adjudicating uponthe alternate plea of the assessee which involved a pureinterpretation oflaw on admittedfacts? ITR No.167 of 1999 (O&M) (3) Whether ITAT was correct in law in denying deduction ofdepreciation on technical know-how payment made_ foacquisition ofdesigns and drawings?” None has entered appearance on behalf of the respondent- TEVeENUE We find that the present case is squarely covered by the judgment passed by this Court in ITR No.49 of 1998 decided on 10.01.2014, titled as Escorts Employees Ancillaries Ltd. Faridabad Vs. The Commissioner ofIncome-Tax Haryana, Rohtak. Counsel for the assessee is unable to cite any contrary judgment in this regard. Consequently, we dispose of the reference by answering thequestion of law in favour of the revenue and against the assessee. Since the main case has been decided, the pending Civil Misc,Application, if any, also stands disposed of. (AJAY TEWARI)JUDGE 15.11.2019pooja sharma-l (ALKA SARIN )JUDGEJUDGE Whether speaking/reasoned,Yes/NoWhether reportable,Yes/No