Commissioner Of Income Tax Bhopal v. M/S Northern Province Of Carmelite Sister Of Teresa

I.T.A.No.24/2014 Commissioner of Income Tax Bhopal Vs. M/s Northern Province of Carmelite Sister of Teresa 16/01/2015 Shri Sanjay Lal, learned counsel for the appellant. Shri Abhijeet Shrivastava, learned counsel for the respondent.This appeal by the Revenue under Section 260-A of the IncomeTax Act has been filed calling in question the tenability of an orderpassed by the Income Tax Appellate Tribunal on 29.7.2013. Thequestion of law proposed in this appeal reads as under : “Whether on the facts and in the circumstances ofthe case, the Tribunal was justified in law in upholding thefindings of Id. CIT (A) directing the A.O. to allow set off ofcarry forward deficit of A.Y.2003-04 of Rs.92,15,262/-against current year's income and allowing the balancedeficit to be carry forward for being applied in subsequentyear ?” It is common ground that the aforesaid question of law hasalready been decided against the revenue by a coordinate benchof this Court at Indore in the case of Commissioner of IncomeTax Vs.Shri Gujrati Samaj 2012 (17) Taxman.com 164(Madhya Pradesh). Keeping in view the aforesaid question of law alreadydecided in the case of Shri Gujrati Samaj (supra), we see noreason to make any further indulgence into the matter. With the aforesaid, this appeal stands disposed of. (Rajendra Menon) Judge (Rajendra Mahajan) Judge