Chief Commissioner Of Income Tax v. M/S Dadra Nagar Haveli Sahakari Khand Udyog Mandali Ltd
High Court
29 Jul 2019 In favour of: Assessee
Forum / Bench
High Court · gujarathc
Parties
Chief Commissioner Of Income Tax v. M/S Dadra Nagar Haveli Sahakari Khand Udyog Mandali Ltd
Date of order
29 Jul 2019
Assessment year(s)
2009-10
Outcome
Dismissed
Case summary
In Chief Commissioner Of Income Tax v. M/S Dadra Nagar Haveli Sahakari Khand Udyog Mandali Ltd, the High Court (2019) dismissed the appeal. The decision went in favour of the assessee.
Decision: Under the circumstances, this tax appeal is dismissed, leaving it open for the revenue to pursue its remedies before the appropriate Forum.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 162 of 2019
==========================================================CHIEF COMMISSIONER OF INCOME TAX Versus
M/S DADRA NAGAR HAVELI SAHAKARI KHAND UDYOG MANDALI LTD
==========================================================
Appearance:MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALAandHONOURABLE MR.JUSTICE A.C. RAO
Date : 29/07/2019 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
The Revenue is in appeal against the order of the Income Tax Appellate Tribunal in ITA No.87/AHD/2015/SRT dated 27/9/2018 for A.Y. 2009-10.
At the outset, we notice that the respondent-assessee is situated at Dadara Nagar Haveli, Union Territory. As per Section 269 of the Income Tax Act, 1961, in such a case, the appeal would be maintainable before the Bombay High Court. Section 269 defines the terms High Court as to mean [as per Clause(vi)] in relation to the union territories of Dadra and Nagar Haveli and Goa, Daman and Diu, the High Court at Bombay.
Under the circumstances, this tax appeal is dismissed, leaving it open for the revenue to pursue its remedies before the appropriate Forum.
Sd/-
(J. B. PARDIWALA, J)
Sd/- (A. C. RAO, J)
RAFIK..
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