Commissioner Of Income Tax-5 v. M/S Essar Steels Ltd

1 ITXA No. IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2755 OF 2010,INCOME TAX APPEAL NO. 2759 OF 2010 &INCOME TAX APPEAL NO. 3401 OF 2010 Commissioner of Income Tax-5 ..Appellant. Vs. M/s Essar Steels Ltd ..Respondent. Ms. Suchitra Kamble, for the Appellant.Mr.P.J. Pardiwala, Sr.Counsel, with Mr A.K.Jasani, for the respondent. CORAM : J.P. DEVADHAR & A.A. SAYED, JJ.DATE : 7TH JULY, 2011. P.C. 1.In these appeals, the question raised by the revenue is whether ITAT was justified in cancelling the order of rectification passed under section 154 of the Income-tax Act, 1961. 2.The finding of fact recorded by the Tribunal is that unless the investment allowance in assessment year 1989-90 was first withdrawn under section 32A(5) read with section 154 (4A) of the Income tax Act,1961, the consequential action under section 154 could not be taken. Admittedly, no steps have been taken to withdraw the investment allowance in assessment year 1989-90. In this view of the matter, no fault can be found in the order. Accordingly all these appeals are dismissed. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.) 2 ITXA No.