In Commissioner Of Income Tax -2 v. M/S.apple Finance Ltd, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: PC 1The dispute in this appeal is whether the Tribunal was justified in holding that the dispute in question was a debatable issue and therefore, the Assessing officer was not justified in invoking jurisdiction under Section 154 of the Income Tax Act 1961.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
KJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.4002 OF 2009
Commissioner of Income Tax -2)..AppellantVs.M/s.Apple Finance Ltd.,)..Respondents
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Mr. Vimal Gupta for the appellant.
Mr. Sanjiv M. Shah for the respondents.----
CORAM : J. P .DEVADHAR & MRS.MRIDULA BHATKAR,JJ
DATE : 10/1/2011.
PC
1The dispute in this appeal is whether the Tribunal was
justified in holding that the dispute in question was a debatable issue and therefore, the Assessing officer was not justified in invoking jurisdiction under Section 154 of the Income Tax Act 1961.
2The reasons recorded by the Tribunal in paragraph-7 of its judgment clearly shows that the decision is based on finding of
fact. Hence, no question of law arises out of the order of the Tribunal. Appeal is dismissed.
(MRS.MRIDULA BHATKAR,J)
(J.P.DEVADHAR,J)
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