In Itta/74/2014 Of The Commissioner Of Income Tax-Iv v. Manga Infotech Pvt Ltd, the High Court (2014) dismissed the appeal. The decision went in favour of the assessee.
Issue: Nothing has been said whether the decision of theSpecial Bench of the Tribunal of Madras has been upset or anappeal is pending against the said decision.
Decision: In that view of the matter, we dismiss this appeal as wecannot encourage the shifting stand of the Revenue. __________________ K.J.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 74 of 2014
DATED:20.2.2014
Between:The Commissioner of Income Tax-IV,Hyderabad.And
… Appellant
M/s. Magna Infotech Pvt. Ltd.,Hyderabad.….Respondent
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 74 of 2014
Judgment:(per the Hon’ble the Chief Justice Sri Kalyan JyotiSengupta)
We have heard Mr. J.V. Prasad, learned counsel for theappellant and have gone through the impugned judgment and orderof the learned Tribunal dated 20.12.2012.
It appears, the learned Tribunal has followed the decision ofthe Special Bench of the Madras Tribunal inI.T.A. Nos. 1138/Mds./2007 and 1141/Mds/2007,dated 2.11.2012. The facts and circumstances of this case areidentical with the decision of the Special Bench of the MadrasTribunal. Nothing has been said whether the decision of theSpecial Bench of the Tribunal of Madras has been upset or anappeal is pending against the said decision.
In that view of the matter, we dismiss this appeal as wecannot encourage the shifting stand of the Revenue.
__________________
K.J. SENGUPTA, CJ
_________________
SANJAY KUMAR, J 20.2.2014
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