In Itxa/3199/2010 Of The Commissioner Of Income-Tax v. Birla International Vt.ltd, the High Court (2007) dismissed the appeal. The decision went in favour of the assessee.
Decision: Consequently, the appeal is dismissed with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO.873 OF 2004
The Commissioner of Income Tax .. Appellant.
V/s.
Birla International P. Ltd. .. Respondent.
Mr.Ashok Kotangale i/by Pankaj Kapoor for the
appellant.
Ms.Usha Dalal i/by P.R. Toprani for the respondent.
CORAM : F.I. REBELLO &
J.P. DEVADHAR, JJ.
DATED : 16TH JULY, 2007.
P.C. :
1. The question as formulated in this appeal by
itself would show that the issue is covered by the
judgment of this Court in the case of CIT V/s. J.K.
Investor (Bom) Ltd. reported in 248 ITR 723. The
learned counsel further points out that the Delhi
High Court has taken a different view. The judgment
of this Court would be binding on the coordinate
benches. Nothing has been brought to our notice to
take any other view than the view taken by the
Division Bench of this Court.
2. In the light of that, we find no reason to
interfere. Consequently, the appeal is dismissed
with no order as to costs.
(F.I. REBELLO, J.)
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(J.P. DEVADHAR, J.)
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