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1. Whether, on the facts and in the circumstances of the case, the assessee-company is entitled to claim deduction of Rs. 4,38,829 as club expenses incurred towards membership fee and subscription ?
2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in interfering with the disallowance of interest of Rs. 15,59,046 on the investment made from pool of funds ?
3(a) Whether, on the facts and in the circumstances of the case is not the assessment order denying the claim of the assessee-company which had advanced a sum of Rs. 32.70 crores to Gujarat Petro Elec trical Ltd., a company promoted by the assessee and had written off the amount by transfer from general reserve account justified, valid and in accordance with law and the Income-tax Appellate Tribunal is right in law in interfering with such denial of the claim ?
(b) The Tribunal is right in law in interfering with the denial of Rs. 32,69,65,146 by the Assessing Officer ? 4. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in allowing the deduction for the bonus in the assessment year 2002-03 claimable and paid in the assessment year 2001-02 ? 5 (a) Whether, on the facts and in the circumstances of the case and sections 115JA and 115JB being similar should not the Income-tax Appellate Tribunal have, in the light of the decision of the Supreme Court reported inApollo tyres ltd.v. CIT [2002] 255 ITR 273 (SC), held that in the context of computation of book profit under section 115JB no adjustment other than provided in the statute could be made ? (b) Whether on the facts and in the circumstances of the case should not the Income-tax Appellate Tribunal have agreed with the computation of book profit by the Assessing Officer ?

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Section 37 & 43B of the Income Tax Act, 1961 — Business Expenditure — The plain construction of the provisions of section 43B(c) shows that the deduction on account of any of the items mentioned in the section 43B would not be allowed unless and until payment has been made and it is allowable in the year in which the payment has been made irrespective of the assessment year in which a liability for it has been incurred and recognized by the assessee by the method of accounting adopted by the assessee — Commissioner of income tax vs. Apollo Tyres Ltd. [2019] 419 ITR 100 (Kerala)

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