Commissioner Of Income Tax 3 v. P G Foils Ltd....opponent(S

O/TAXAP/147/2015 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 147 of 2015 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE S.H.VORA ================================================================ 1 Whether Reporters of Local Papers may be allowed to see the judgment ?the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ?judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?to the interpretation of the Constitution of India or any order made thereunder ? ================================================================ COMMISSIONER OF INCOME TAX 3....Appellant(s) Versus P G FOILS LTD....Opponent(s) ================================================================ Appearance: MR NITIN K MEHTA, ADVOCATE for the Appellant(s) No. 1RULE SERVED for the Opponent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.R. SHAHand HONOURABLE MR.JUSTICE S.H.VORA Date : 31/03/2015 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad “A” Bench, Ahmedabad (for short“learnedTribunal”)dated5.9.2014inITA No.849/Ahd/2011 for AY 2008-2009, the revenue has preferred the present tax appeal requesting to consider the following substantial question of law. “[A] Whether Ld. Tribunal was justified in law and on facts in deleting the addition of Rs.4,15,20,000/- made on account of disallowance of Keyman Insurance Premium?” 2.Though served, nobody appears on behalf of the respondent – assessee. 3.From the impugned judgment and order passed by the learned Tribunal, it appears that the learned Tribunal has dismissed the said appeal preferred by the revenue relying upon the decision of the Coordinate Bench for AY 2006-2007 in the case of the very assessee, which was subsequently followed in the subsequent year for AY 2007-2008 also. However, it is required to be noted and it is not in dispute that the decision of the Coordinate Bench of the learned Tribunal in the case of the very assessee for AY 2006-2007 and AY 2007-2008 were carried before this Court by the revenue being Tax Appeal No.13 of 2012 with Tax Appeal No.506 of 2014 and by judgment and order dated 5.8.2014, the Division Bench of this Court had set aside the orders passed by the learned Tribunal in the case of the very assessee for AY 2006-2007 and AY 2007-2008, upon which the reliance has been placed by the learned Tribunal while remanding the appeal preferred by the revenue and by passing the impugned judgment and order and the Division Bench of this Court has remanded the matter to the learned Tribunal to consider the matters/appeals afresh in accordance with law and on merits. learned Tribunal in the case of the very assessee for AY 2006-2007 and AY 2007-2008, upon which the reliance has been placed by the learned Tribunal while remanding the appeal preferred by the revenue and by passing the impugned judgment and order and the Division Bench of this Court has remanded the matter to the learned Tribunal to consider the matters/appeals afresh in accordance with law and on merits. 4.In view of above, when the main issue involved in the appeal for AY 2008-2009 is remanded to the learned Tribunal for the AY 2006-2007 and AY 2007-2008 and the decision of the learned Tribunal, upon which the reliance has been placed, has now been set aside by the Division Bench of this Court and the matters are remanded to the learned Tribunal, we quash and set aside the impugned judgment and order passed by the learned Tribunal and remand the matter/appeal to the learned Tribunal to consider the issue involved afresh in accordance with law and on merits. It is observed and directed that if the appeals for AY 2006-2007 and AY 2007-2008 are still pending before the learned Tribunal, (pursuant to the earlier order of remand passed by this Court in Tax Appeal No.13 of 2012 with Tax Appeal No.506 of 2014), to avoid any further conflicting orders and as the issue involved is the same, the appeal on remand with respect to AY 2008-2009 be heard along with appeals for AY 2006-2007 and AY 2007-2008. 5.With this, present tax appeal is allowed to the aforesaid extent. No costs. (M.R.SHAH, J.) shekhar (S.H.VORA, J.)