Commissioner Of Income-Tax v. A'bad Maskati Cloth Dealers Coop. Shop & Warehouse Soc.ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 372 of 1992 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH Sd/- and Hon'ble MR.JUSTICE D.A.MEHTA Sd/- ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- COMMISSIONER OF INCOME-TAX Versus A'BAD MASKATI CLOTH DEALERS COOP. SHOP & WAREHOUSE SOC.LTD. -------------------------------------------------------------- Appearance: MR MH JOSHI FOR MR MANISH R BHATT for Applicant. NOTICE SERVED for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH and MR.JUSTICE D.A.MEHTA Date of decision: 16/10/2001 ORAL JUDGEMENT (Per : MR.JUSTICE D.A.MEHTA) �The following question is referred for the opinion of this Court at the instance of the revenue : "Whether, the Appellate Tribunal is right in law and on facts in a holding that the assessee is entitled to the deduction of Rs.20,000/- in view and on facts in a holding that the assessee is entitled to the deduction of Rs.20,000/- in view of the provisions section 80P(2)(c)?" 2�We have heard Mr.M.H.Joshi, learned Counsel for the revenue. Though served none appears for the assessee. 3�Mr.Joshi fairly pointed out that the question referred to us stands concluded by the decision of this Court in assessee's own case by decision dated 7/11/2000 referred to us stands concluded by the decision of this Court in assessee's own case by decision dated 7/11/2000 in Income Tax Reference No.260 of 1985. 4�Following the aforesaid decision, we hold that the Tribunal was right in law in holding that the assessee was entitled to deduction of Rs.20,000/- under section 80P(2)(c) of the Income Tax Act,1961. The question referred to us is therefore answered in the affirmative i.e. in favour of the assessee and against the revenue. 5�The reference stands disposed of accordingly with no order as to costs. ��Sd/-��Sd/- ��(M.S.Shah, J)�(D.A.Mehta,J) m.m.bhatt�