Income Tax Appeal v. Dated: August 23, 2014

HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 64 of 2010Dy. Commissioner Income Tax. ..… Appellant. Versus M/s J.P. Stone Crusher (P) Ltd. Mr. H.M. Bhatia, Advocate for the appellant. Mr. Mohit Maulekhi, Advocate for the respondent. ..… Respondent. Dated: August 23, 2014 Coram :Hon’ble K.M. Joseph, C.J. Hon’ble V.K. Bist, J.K.M. Joseph C.J. (oral) CLMA No. 9105/2014 (Application for Amendment) Correction application is allowed. Income Tax Appeal No. 64 of 2010 We also took up the matter for hearing itself. The question of law, which has been projected in this Appeal, is whether the Assessee is entitled to the benefit of Section 80 IB of the Income Tax Act. The issue does not appear to be res integra and it appears to be covered against the appellant, even according to the submission of the learned counsel for the appellant, by virtue of the judgment of the Hon’ble Apex Court in ‘Income Tax Officer, Udaipur vs. Arihant Tiles & Marbles Pvt. Ltd.’, reported in 2010 (2) SCC, 699. There is also no dispute that this Court has answered the similar question of law in ITA No. 33 of 2009 ‘Commissioner of Income Tax, Haldwani vs. M/s Mallikarjun Georesources Associates’, dated 07.07.2011 against the appellant. In the light of the above two judgments, question of law is answered against the appellant. The Appeal will stand dismissed. (V.K. Bist, J.) (K.M. Joseph, C.J.) 23.08.2014