In Itxa/272/2001 Of The Commissioner Of Income Tax, Mumbai-Iv v. H.s. Sanghvi (P) Ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Decision: Considering the finding recorded by the Tribunaland following the judgment of this court, in our opinion, the question of law framed would not arise and consequently this appeal stands dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 272 OF 2001The Commissioner of Income Tax...Appellant.Vs.M/s. H.S. Sanghvi Pvt. Ltd...Respondent.Mr. B.M.Chatterji with Mrs. P.P. Bhosdale &Mr.P.S.Sahadevan for the Appellant.
CORAM : F.I. REBELLO & R.S. MOHITE, JJ.DATED : 8TH JANUARY,2008.
PC :
1. The Tribunal apart from going through the merits ofthe matter relied on the judgment of the Division Benchof this court in the case ofCommissioner of Income TaxVs. P.M.Shah reported in 203 ITR 792.That Judgmentclearly sets out that if revenue seeks to rely on theExplanation to Section 271 of the Income Tax Act thenthey must so inform the assessee. In the instant case,the Tribunal has recorded that such a notice was notgiven. Considering the finding recorded by the Tribunaland following the judgment of this court, in our
opinion, the question of law framed would not arise and
consequently this appeal stands dismissed.
(R.S. MOHITE, J.)
(F.I. REBELLO, J.)
This page reproduces a public-domain court order (Section 52(1)(q)(iv), Copyright Act 1957). Explanations are EaseValue's original analysis. Always read the original order.
Disclaimer: General information only — not legal, tax or professional advice, and no advocate/CA–client relationship is created. AI-generated summaries may contain errors and must be verified against the original court order. EaseValue accepts no liability for reliance on this content. Not a solicitation.
Full disclaimer & Terms.
EaseValue