Commissioner Of Income-Tax v. Jyoti Switchgears Ltd

INCOME TAX REFERENCE No 125 of 1987 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH and Hon'ble MR.JUSTICE D.A.MEHTA ============================================================ 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 JYOTI SWITCHGEARS LTD. -------------------------------------------------------------- Appearance: 1. INCOME TAX REFERENCE No. 125 of 1987 MR BB NAIK with MR MR BHATT for Petitioner No. 1 MR MJ SHAH for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH and MR.JUSTICE D.A.MEHTA Date of decision: 04/10/2001 ORAL JUDGEMENT (Per : MR.JUSTICE M.S.SHAH) �In this reference at the instance of the reference, the following question is referred for our opinion in respect of assessment year 1981-82 :- "Whether, on the facts and in the circumstances of the case, the royalty payment of Rs.22,67,697/- to M/s Jyoti Limited is allowable in law as a revenue deduction ?" 2.�We have heard Mr BB Naik, learned counsel for the revenue and Mr Manish J Shah, learned counsel for the respondent-assessee. 3.�The learned counsel point out that the controversy raised herein is concluded in favour of the assessee by the decision dated 1.2.2000 of this Court in Income-tax Reference Nos. 250 and 389 of 1984 in case of this very assessee for assessment year 1979-80. 4.�In view of the aforesaid decision, our answer to the question referred for our opinion is in the affirmative i.e. in favour of the assessee and against the revenue. �The reference accordingly stands disposed of with no order as to costs. �����(M.S. Shah, J.) �����(D.A. Mehta, J.) sundar/-