KANHAIYALAL DUDHERIA Vs. JOINT COMMISSIONER OF INCOME

JUDGEMENT

(1.) Having heard the learned Advocates appearing for parties on 05.07.2019, we have admitted the above appeals to consider the following substantial question of law:

(2.) The appellant-assessee is carrying on the business of extraction of iron ore and also trading in iron ore. For the assessment years 2011-12 and 2012-13 return of income came to be filed by the assessee, was processed under Section 143(1) of Income Tax Act, 1961 (for short 'Act'). The assessing officer disallowed the amount claimed by the assessee as social welfare expenses in a sum of Rs. 1,61,30,480/- and Rs. 55,90,080/- for the respective assessment years on the ground that it was not gained/incurred in the course of business but for philanthropic purposes by separate assessment orders dated 26.03.2004 and 16.02.2015 respectively.

(3.) Being aggrieved by the said orders, assessee filed appeals before CIT(A) in ITA Nos.122 and 20/CIT(A)/HBA/2014-15. Said appeals came to be dismissed by order dated 29.01.2016 by upholding assessment orders. Further appeal to Income Tax Appellate Tribunal in ITA No.782 and 1495/BANG/2016 also came to be dismissed by affirming the orders of the assessing officer and the appellate authority. Hence, this appeal.