Itxa/157/2004 Of Commissionerof Income Tax Central Iii, Mumbai v. M/S. Indian Plywood Mfg. Co
High Court
31 Jan 2005 In favour of: Assessee
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Itxa/157/2004 Of Commissionerof Income Tax Central Iii, Mumbai v. M/S. Indian Plywood Mfg. Co
Date of order
31 Jan 2005
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itxa/157/2004 Of Commissionerof Income Tax Central Iii, Mumbai v. M/S. Indian Plywood Mfg. Co, the High Court (2005) dismissed the appeal. The decision went in favour of the assessee.
Issue: As far as substantial question (b) and (c) are concerned, the same has already been concluded in the earlier assessment order and they have become final now as far as the Tribunal is concerned and the learned counsel for the appellant is unable to say whether the 2 department has approached this cou...
Decision: Hence, the Income Tax Appeal stands dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.157 OF 2004
The Commissioner of Income Tax,
Central III, Mumbai .. Appellant.
V/s.
M/s.Indian Plywood Mfg.Co. .. Respondent.
Mr.R.V. Desai, senior counsel with Ms.S.V. Bharucha
for the appellant.
CORAM : S. RADHAKRISHNAN &
CORAM : S. RADHAKRISHNAN &
DATED : 31ST JANUARY, 2005.
DATED : 31ST JANUARY, 2005.
P.C.
Heard learned counsel for the appellant.
Perused the order dated 31st March, 2002 passed by the
Income Tax Appellate Tribunal, Mumbai Bench.
2. As far as substantial question (a) is
concerned, the same is already covered by the judgment
of this Court in the case of CIT V/s. Bharat
CIT V/s. BharatPetroleum Corporation Ltd. [116 Taxman 775 (Bombay)].
Petroleum Corporation Ltd. [116 Taxman 775 (Bombay)].
Hence, the same does not survive. As far as
substantial question (b) and (c) are concerned, the
same has already been concluded in the earlier
assessment order and they have become final now as far
as the Tribunal is concerned and the learned counsel
for the appellant is unable to say whether the
2
department has approached this court in this regard.
Hence, the aforesaid questions also do not arise as
they have become final. As far as substantial
question (d) is concerned, there is finding given by
the Tribunal that the amount has already been taxed in
the assessment order passed for assessment year
1986-1987. Therefore, there is no question of taxing
again in the assessment order 1989-1990 which is the
subject matter of the present appeal. As far as
substantial question (e) is concerned, the same is
covered by the judgment of this court in the case of
CIT V/s. Sudarshan Chemicals Ind. Ltd. [245 ITR
CIT V/s. Sudarshan Chemicals Ind. Ltd. [245 ITR769]. Hence, the same does not arise. Similarly,
769].
substantial question (f) is concerned, on facts we
find no substantial question of law.
3. Hence, the Income Tax Appeal stands dismissed.
(S. RADHAKRISHNAN. J.)
(J.P. DEVADHAR, J.)
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