Itta/343/2013 Of The Commissioner Of Income Tax Iv v. Pvr Industries Limited

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.343 OF 2013 DATED:21.8.2013 Between:The Commissioner of Income Tax IV,Hyderabad. … Appellant And M/s.PVR Industries Ltd.,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.343 OF 2013 Oral Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. J.V. Prasad, learned counsel for theappellant and have gone through the impugned judgment andorder of the learned Tribunal. It appears, the learned Tribunal has decided ground Nos. 2and 3 of the appeal before the Tribunal following the earlierdecisions of the Tribunal in assessee’s own case in I.T.A. Nos.1171/Hyd/07 and 1196/Hyd/08, dated 8.6.2011. The saidjudgment is neither appealed against nor upset by any forum. Hence, we do not find any illegality in the impugned order of thelearned Tribunal on these two issues. In so far as ground No.4 is concerned, the learned Tribunalhas come to a fact finding that the scrap generated from amanufacture activity of an industrial undertaking is having directnexus between the sale of these items and carrying onbusiness of industrial undertaking and this issue has beenremitted back to the file of the Assessing Officer to consider theincome out of sale of scrap generated from the manufacturing activity for deduction under Section 80IA of the Income Tax Act,1961. In view of the aforesaid fact finding, we do not find anyground to admit the appeal. The appeal is accordinglydismissed. ___________________ K.J. SENGUPTA, CJ ____________ K.C. BHANU, J 21.8.2013 PNB