Itxa/768/2013 Of Commissioner Of Income Tax v. M/S. Nrox Specialities

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1566 OF 2012 Commissioner of Income Tax, Valsad..Appellant.V/s.M/s. NROX Specialities..Respondent. Mr. Tejveer Singh, for the Appellant.None for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 27[th] FEBRUARY, 2013. In this Appeal by the Revenue for the Assessment Year 2005- 06, following question has been raised for our consideration:- (a)Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding that the assessee is eligible for deduction u/s. 80IB, even though the assessee has failed to fulfill the conditions laid down in sub-section (iv) to section 80IB(2) of the Income Tax Act, 1961? (b)Whether the Appellate Tribunal has been right in drawing the conclusion on the basis of fact mentioned in its order i. e. during Assessment Year 2005-06, the wages debited is only Rs.3,05,150/- employing 15 workers as against wages of Rs.10,24,034/- for 16 workers in Assessment Year 2006-07, that there were 10 workers deployed in Assessment Year 2005-06 so as to enable the deduction u/s. 80IB? (c)Whether on the fact that 16 workers were paid more than Rs.10 lakhs in Assessment Year 2006-07, the Appellate Tribunal gravely erred in concluding that the assessee could deploy 15 workers for meager wages of Rs.3 lakh in Assessment Year 2005-06? 2Counsel for the Revenue states that the issue raised in this Appeal have already been disposed of by this Court in the Revenue's Appeal for the Assessment Year 2004-05 in Income Tax Appeal (L) No.1565 of 2012. For the reasons stated in the order passed by us today in Income Tax Appeal (L) No.1565 of 2012, we see no reason to entertain proposed question of law. 3Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)