Itxa/575/2011 Of The Commissioner Of Income Tax-I, Pune v. Manmit Investment And Trading Company Private Limited, Pune

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.1347 OF 2010 The Commissioner of Income Tax-I..Appellant. V/s. Katara Dental Pvt. Ltd...Respondent. ANDINCOME TAX APPEAL (LOD) NO.1351 OF 2010 The Commissioner of Income Tax-I..Appellant. V/s. Manmit Investment & Trading Co. Pvt. Ltd...Respondent. Mr. Vimal Gupta for appellant. None for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ.DATED : 15TH FEBRUARY, 2011 P.C. :- 1.The basic question raised in these appeals is, whether the assessee is entitled to deduction under Section 80M of the Income Tax Act in respect of inter corporate dividend received by the assessee despite the restrictions contained in Section 115O(5) of the Income Tax Act. Similar question raised by the revenue has been answered in favour of the assessee by this Court in the case of Commissioner of Income Tax-3, Mumbai V/s. M/s. Nikhil Investment Co. Pvt. Ltd. [Income Tax Appeal (Lod) No.3006 of 2009] decided on 15th March, 2010. In this view of the matter both the appeals are dismissed with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)