Itta/389/2016 Of Commissioner Of Income Tax-Ii v. M/S.heritage Foods(I) Ltd

THE HON’BLE SRI JUSTI CE SANJAY KUMAR AND THE HON’BLE SMT. JUSTI CE ANI S I .T.T.A.No.389 of 2016 JUDGMENT: (per Hon’ble Sri Justice Sanjay Kumar) Heard Sri B. Narasimha Sarma, learned counsel for the Revenue, and Sri Katragadda Gopal Chowdary, learned counsel for the respondent-assessee. This appeal under Section 260A of the Income-tax Act, 1961 (for short ‘the Act of 1961’), is sought to be filed on the following substantial questions of law: (i)“Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in confirming the deletion of disallowance under Section 40A(3) of the Act of 1961? the Appellate Tribunal is correct in confirming the deletion of disallowance under Section 40A(3) of the Act of 1961? (ii)Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in holding that the cash payments made by the assessee come within the purview of exclusion clause under Rule 6DD of the Act of 1961? (iii)Whether the finding of the Appellate Tribunal that trader acted as agent of milk producers as well as the assessee company can be said to be based on material on record?” acted as agent of milk producers as well as the assessee company can be said to be based on material on record?” It is however stated before us that in relation to the very same assessee, I.T.T.A.No.629 of 2014 was filed by the Revenue for the assessment year 2005-06 raising the same questions of law and by judgment dated 15.10.2014, this Court dismissed the appeal holding that no element of law was involved therein. In that view of the matter, this appeal is also dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. _______________________ SANJAY KUMAR, J _____________________ ANI S, J Date:20.10.2016 GJ