Case Law › High Court › Itxa/3744/2009 Of The Director Of Income...

Itxa/3744/2009 Of The Director Of Income-Tax(International Taxation) v. M/S Taj Performance Fund (Mauritius) Ltd

High Court 07 May 2009 In favour of: Assessee

Forum / Bench

High Court · newos

Parties

Date of order

07 May 2009

Assessment year(s)

—

Outcome

Dismissed

The order — as passed by the High Court

Case summary

In Itxa/3744/2009 Of The Director Of Income-Tax(International Taxation) v. M/S Taj Performance Fund (Mauritius) Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.

Decision: The appeal is, therefore, dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2051 OF 2008 WITH INCOME TAX APPEAL (L) NO.2019 OF 2007 The Commissioner of Income- Tax, (International Taxation) ..Applicant. V/s. M/s. Taj Performande Fund (Mauritius) Limited ..Respondent. Mr.Parag Vyas with Mr.P.S. Sahadevan for the applicant. None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATED : 7TH MAY, 2009. P.C. : 1. The delay in filing the appeal is condoned. The notice of motion is disposed of accordingly. 2. Heard learned counsel for the revenue. By deleting the penalty the tribunal has recorded a finding of fact that the assessee has disclosed all material facts in the statement of income. It is only a difference of opinion about taxability of a particular item of income. 3. In this view of the matter, no substantial question of law is involved in this appeal. The appeal is, therefore, dismissed. No costs. (V.C. Daga, J.) (J.P. Devadhar, J.)

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