Appellants v. O.n.g.c., Dehradun

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL I.T.A. No. 497 of 2001 OLD NO. 125 OF 1999 The Commissioner of Income Tax, Meerut & another ........... Appellants Versus O.N.G.C., Dehradun As Representative of Mr. Makalouski V.V. …………Respondent Hon. P.C. Verma, A.C.J.Hon. Rajesh Tandon, J. Mr. S.K. Posti, learned counsel for the Tax Deptt. Mr. J.P. Joshi, learned counsel for the respondent. The matter is squarely covered by our decision dated 30[th ]September, 2003 in Income Tax Appeal No. 470 of 2001; TheCommissioner of Income Tax, Meerut & another Vs O.N.G.C.,Dehradun. The question raised before us is as follows: "Whether in the facts and circumstances of the casethe learned Income Tax Appellate Tribunal was legallycorrect in directing to apply single stage grossing up ofthe Tax perquisites paid by ONGC on behalf of theassessee instead of multi stage grossing up, applied by theAssessing Officer under section 195-A of the Income TaxAct, 1961?" For the reasons recorded in the above judgment in IncomeTax Appeal No. 470 of 2001 dated 30[th ]September, 2003, weanswer this question in the affirmative i.e. in favour of theassessee and against the Department. Appeal is disposed of accordingly. No order as to costs. (Rajesh Tandon, J.) (P.C. Verma, A.C.J.)