Itxa/969/2013 Of Commissioner Of Income Tax-2 v. Jogani Constructions Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.177 OF 2013 The Commissioner of Income Tax-2, Mumbai ..Appellant. V/s. Jogani Constructions Ltd. ..Respondent. Mr. Suresh Kumar for the appellant. Mr. Ashok J. Patil for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 15TH MARCH, 2013 P.C. :- 1.In this appeal by the revenue for the assessment year 2006-07, following question of law is raised for our consideration;- “ Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in law in upholding the order of the CIT(A) allowing the deduction under Section 36(1)(iii) of the Income Tax Act, on proportionate expenditure allocable to the work in progress forming part of closing stock, by following its decision in the assessee's case for the AY 1997-98, ignoring that the said decision of the Tribunal and also the decision on similar issue for the AY 2000-01 has not been accepted and appeal u/s.260A has been filed before the Bombay High Court by the Income Tax Department ?” 2.The Tribunal in the impugned order has allowed the appeal by following the decision in the respondent-assessee's o\wn case for the earlier years. We are informed that the appeal filed by the revenue for the earlier assessment year 2000-01 being Income Tax Appeal No.860 of 2011 on identical question was not entertained by this Court on 29[th] January, 2013. For the reasons stated in our order dated 29[th] January, 2013, we see no reason to entertain the proposed question of law. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)