Itxa/315/2007 Of The Commissioner Of Income Tax, Aurangabad v. Manjara Shetkari Sahakari Sakhar Karkhana Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.315 OF 2007 The Commissioner of Income Tax.Aurangabad....AppellantV/s.Siddheshwar Sahakari Sakhar.Karkhana Ltd....Respondent Mr.B.M. Chatterjee with Mr.P.P. Bhosale for theAppellant.Mr.S.N. Inamdar with Mr.A.K. Jasani for theRespondent. P.C. : CORAM : F.I. REBELLO &J.P. DEVADHAR,JJ.DATE : 27TH AUGUST, 2007. 1. The question of law as framed for our consideration are as set out as under :- "(a).Whether on the facts and in the circumstances of the case the Tribunal wasright in overlooking the provisions of Lawapplicable to prima facie adjustmentsu/s.143(1)(a) and Section 143(3)? (b).Whether on the facts and in thecircumstances of the ITAT was right in holdingthat in view of judgement of Bombay High Courtin the case of Adamas Gem Industries (203 ITR737), no prima facie adjustment can be made in respect of the bonus payable?" 2.We have heard the learned Counsel and perusedthe judgment of ITR 18. We find that the issue iscovered by a judgment of a Co-ordinate Bench of thisCourt in Adamas Gem Industries (203 ITR 737).Considering that the question is covered, nothing wouldsurvive in this Appeal and accordingly the Appealstands dismissed. 3.We may point out that on Board what was shownwas ITXA/315/2007 corresponding to ITXA/35/2005 whichwas the number given at the Aurangabad Bench. Partiesagree that the matter on Board is correctly numberedand that the Respondent is Siddhi. Sahakari SakharKarkhana Ltd., while on the Board it is shown asManjara Shetkari Sahakari Sakhar Karkhana Ltd. Officeto peruse the record and correct the same accordingly. [J.P. DEVADHAR, J.] [F.I. REBELLO, J.]