Itta/247/2012 Of The Commissioner Of Income Tax - Iv v. M/S. Nagarjuna Agro-Tech Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD WEDNESDAY, THE TENTH DAY OF JULYTWO THOUSAND AND THIRTEEN PRESENT THE HON’BLE THE CHIEF JUSTICESRI KALYAN JYOTI SEN GUPTA AND THE HON'BLE MS. JUSTICE G.ROHINI I.T.T.A. No.247 OF 2012 Between: Commissioner of Income Tax-IVHyderabad. ..... Appellant AND M/s. Nagarjuna Agro-Tech Ltd.,Plot NO. 30, Nagarjuna Hills,Punjagutta, Hyderabad .....Respondent The Court made the following : JUDGMENT:(per the Hon’ble the Chief Justice Sri K.J. Sengupta) This appeal is directed against the judgment and orderof the learned Tribunal dated 25.11.2008 in relation to theassessment year 1994-1995, on the following suggestedquestion of law: Whether, on the facts and in the circumstances of thecase, the Tribunal was correct in law in holding thatdisallowance of outstanding sales tax liability was notpermissible while processing the return under Sec.143(1)(a) of the Income Tax Act? We have heard the learned counsel for the appellantand gone through the impugned judgment and order. Thelearned Tribunal has followed the earlier majority decision ofthe Tribunal to hold that disallowance made by theAssessing Officer was not justified and accordinglydisallowance was deleted. We, therefore, do not see anyreason to interfere with the impugned judgment and order. Consequently, we dismissed the appeal. No order asto costs. ______________________ Kalyan Jyoti Sengupta, CJ. July 10, 2013MAS __________G.Rohini, J.