Commissioner Of Income Tax-7, Mumbai v. M/S Sandoz Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1677 OF 2013 Commissioner of Income Tax-7, MumbaiVs. ..Appellant M/s Sandoz Pvt. Ltd. ..Respondent .... Mrs. S.V. Bharucha, Advocate for Appellant.Mr. P.C. Pardiwalla, Senior Advocate a/w B.D. Damodar, Advocatefor Respondent. .... P.C.: CORAM : M.S. SANKLECHA & N.M. JAMDAR, JJ.DATED : 3 AUGUST 2015 This appeal by the revenue challenges the order dated 20 February 2013 passed by the Income Tax Appellate Tribunal (the'Tribunal') for the Assessment Year 2003-04. 2.The revenue urges following question of law for ourconsideration: “Whether on the facts and the circumstances ofthe case and in law the Tribunal was justified inholding that the provisions of Section 14A of theAct are not attracted in the case of assessee as S.S.DESHPANDE Section 10B of the Act is in the nature ofdeduction and not in the nature of exemption?” 3.Both the learned Counsel are agreed that the issue arisingin the present appeal stands concluded by virtue of decision of thisCourt rendered in respondent-assessee's own case in Income TaxAppeal Nos. 1379/2013 and 1400/2013 decided on 24 June 2015. 4.The impugned order of the Tribunal has followed itsorder dated 9 November 2012 for the Assessment Year 2001-02 and2002-03 in granting relief to the respondent. It is the jointsubmission of the Counsel that the issue arising in the presentappeal now stands concluded against the revenue and in favour ofthe assessee by the decision of this Court dated 24 June 2015 inrespect of revenue's appeal for Assessment Year 2001-02 & 2002-03. 5.In view of the above, the question as framed does not giverise to any substantial question of law. Accordingly, appeal isdismissed. No order as to costs. [N.M. JAMDAR, J] [M.S. SANKLECHA, J.]