Commissioner Of Income-Tax-Ii, Nagpur v. M/S Wadhwani Parmeshawari Cold Storage Pvt. Ltd., Nagpur
High Court
03 Sep 2010 In favour of: Revenue
Forum / Bench
High Court · testcase
Parties
Commissioner Of Income-Tax-Ii, Nagpur v. M/S Wadhwani Parmeshawari Cold Storage Pvt. Ltd., Nagpur
Date of order
03 Sep 2010
Assessment year(s)
—
Outcome
Allowed
Case summary
In Commissioner Of Income-Tax-Ii, Nagpur v. M/S Wadhwani Parmeshawari Cold Storage Pvt. Ltd., Nagpur, the High Court (2010) allowed the appeal. The decision went in favour of the Revenue.
Issue: Whether the penalty under Section 271(1)(c) of the Income Tax Act, 1961 can be levied for incorrectly claiming depreciation is, a question which is raised in this appeal.
Decision: The appeal is allowed to be withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
0309itl94.09.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR
INCOME-TAX APPEAL NO. 94 OF 2009
(Commissioner of Income-Tax-II, Nagpur Vs. M/s Wadhwani Parmeshawari Cold Storage Pvt. Ltd., Nagpur)
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders
Mr. Anand Parchure, Advocate for the appellant.
CORAM: J. P. DEVADHAR & A. B. CHAUDHARI, JJ.DATED: 03RD SEPTEMBER, 2010.
Whether the penalty under Section 271(1)(c) of the Income Tax Act, 1961 can be levied for incorrectly claiming depreciation is, a question which is raised in this appeal.
Since the issue is covered by the judgment of the Apex Court in the case of Commissioner of Income-Tax Vs. Reliance Petroproducts Pvt. Ltd. - [2010] 322 ITR 158 (SC), the learned Counsel for the appellant seeks liberty to withdraw the appeal.
The appeal is allowed to be withdrawn.
Refund of Court fees as per law.
JUDGE JUDGE
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