Itxa/833/2008 Of The Commissioner Of Income Tax - 9, Mumbai v. M/S Geepee Steels Pvt. Ltd
High Court
06 Oct 2008 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Itxa/833/2008 Of The Commissioner Of Income Tax - 9, Mumbai v. M/S Geepee Steels Pvt. Ltd
Date of order
06 Oct 2008
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itxa/833/2008 Of The Commissioner Of Income Tax - 9, Mumbai v. M/S Geepee Steels Pvt. Ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Issue: In the above appeal, the appellant is seeking to raise the following questions of law: (A) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in deleting the disallowance of deduction of Rs.10,25,073/- under section 80IA of the Income Tax Act?
Decision: Appeal is, therefore, dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 833 OF 2008
INCOME TAXAPPEAL NO. 833 OF 2008
INCOME TAX
The Commissioner of Income Tax. ... Appellant.
V/s.
M/s.Geepee Steels Pvt.Ltd. ... Respondent.
P.S.Sahadevan for the appellant.
Sameer G. Dalar for the respondent.
CORAM : DR.S.RADHAKRISHNAN and V.C.DAGA, JJ.
CORAM : DR.S.RADHAKRISHNAN
and V.C.DAGA, JJ.
DATED : 6th October 2008.
DATED : 6th October 2008.
DATED : 6th October 2008.
P.C. :
P.C. :----
----
. Heard learned counsel for the appellant and
learned counsel for the respondent.
2. In the above appeal, the appellant is seeking
to raise the following questions of law:
(A) Whether on the facts and in the
circumstances of the case, the Tribunal was
right in law in deleting the disallowance
of deduction of Rs.10,25,073/- under
section 80IA of the Income Tax Act?
(B) Whether on the facts and in the
circumstances of the case, the Tribunal was
right in law in deleting the disallowance
of deduction of Rs.2,36,793/- under section
80IA of the Income Tax Act?
3. We have perused the impugned judgment of the
Income Tax Appellate Tribunal dated 28th September,
2007. Perusal of paragraph- 6 thereof clearly
indicates that so far as question No.1 is concerned,
the Tribunal has remanded the said issue to the file
of the assessing officer to verify the statement of
claim of the assessee and pass an appropriate order.
In view thereof, the said question does not survive.
4. So far as second question is concerned, the
Tribunal has clearly reiterated the finding that
income was derived from the business of the industrial
undertaking and not from the industrial undertaking
itself for claiming deduction under section 80IA of
the Income-tax Act.
5. In view of the above finding of fact, we do
not find any substantial question of law involved in
the appeal. Appeal is, therefore, dismissed.
(V.C.DAGA, J.) (DR.S.RADHAKRISHNAN, J.)
(V.C.DAGA, J.) (DR.S.RADHAKRISHNAN, J.)
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