Itxa/744/2012 Of Commissioner Of Income Tax-5 v. The Standard Batteries Ltd

SRK IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.744 OF 2012 The Commissioner of Income-tax-5, Mumbai ..Appellant -Versus-The Standard Batteries Ltd...Respondent Mr. Suresh Kumar for the appellant.Ms. Aarti Sathe with Mr. Jitendra Singh for the respondent. CORAM: S.C. DHARMADHIKARIAND A.K. MENON, JJ. DATE :- 8[th] October, 2014 P.C.: At the hearing of this appeal which challenges the appeal of Income-tax Appellate Tribunal, Mumbai Bench dated 28[th] December, 2011 what we have noticed is that the assessment year in question is 2006-07. 2.The Tribunal has only followed its order for earlier assessment year and in relation to the same assessee. It has been referred by the Tribunal in para 5 of the impugned order extensively. The issue or claim of business expenditure also arose in the assessment year 2001-02 and for that assessment year, detailed order was passed by the Tribunal on 16[th] October, 2006. The factual position for the said assessment year continued and that is why the Tribunal followed the order for the prior assessment year. 3.In relation to such orders of the Tribunal, the revenue brought an appeal in this Court being Income-tax Appeal (Lodging) No. 1797 of 2009 and prior thereto Income-tax appeal (Lodging) No.2392 of 2007. SRK ita-744-12.doc Though the tax effect was enormous, the revenue was advised to withdraw the appeal. It withdrew the appeal in subsequent assessment year also because there the tax effect was not found to be larger than the earlier assessment years. If there is substantial question of law and which was arising and therefore, could have been raised and the revenue withdrew the appeal No.2392 of 2007 filed under Section 260A of the Income tax Act, 1961, then the present appeal also does not raise any substantial question of law. It is, therefore, dismissed. No costs. (A.K. MENON, J.) (S.C. DHARMADHIKARI, J.)