In Itxa/534/2001 Of The Commissioner Of Income Tax, Mumbai-Vii v. Vippy Spinpro Ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Decision: Considering the finding recorded, in our opinion, the question of law as framed would not arise and consequently the appeal is 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.534 OF 2001The Commissioner of Income Tax...Appellant.Vs.Vippy Spinpro Ltd...Respondent.Mr.P.S.Sahadevan for the Appellant.
Mr. Dr. K. Shivram with Mr.A.R.Singh for theRespondent.
CORAM : F.I. REBELLO &R.S. MOHITE, JJ.DATED : 22nd January,2008
PC :
1. The revenue has preferred this appeal on the
following question of law.
finding of fact. The Tribunal has also held that thetest is not that machine was put to use for trial
production or commercial production but where machinery
was used for production.
3. Considering the finding recorded, in our opinion,
the question of law as framed would not arise and
consequently the appeal is dismissed.
(R.S. MOHITE, J.)
(F.I. REBELLO, J.)
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