Itxa/970/2004 Of The Commissioner Of Income Tax v. Siddheshwar Ssk Ltd
High Court
16 Jul 2007 In favour of: Assessee
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High Court · newos
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Itxa/970/2004 Of The Commissioner Of Income Tax v. Siddheshwar Ssk Ltd
Date of order
16 Jul 2007
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Itxa/970/2004 Of The Commissioner Of Income Tax v. Siddheshwar Ssk Ltd, the High Court (2007) dismissed the appeal. The decision went in favour of the assessee.
Issue: The question of law as formulated in this appeal reads as under : 2 Whether on the facts and in the circumstances of the case and in law, the Tribunal is correct in deleting the additions made in the assessment order in respect of the following items - a.
Decision: The appeal is, accordingly, dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.970 OF 2004
The Commissioner of Income Tax .. Appellant.
V/s.
Shree Sidheshwar SSK Ltd., .. Respondent.
Mr.B.M. Chatterjee with Mrs.P.P. Bhosale i/by
Pankaj Kapoor for the appellant.
Mr.S.N. Inamdar with Mr.A.K. Jasani for the
respondent.
CORAM : F.I. REBELLO &
J.P. DEVADHAR, JJ.
DATED : 16TH JULY, 2007.
P.C. :
1. Admit. Heard forthwith.
2. The issue in this appeal is covered by the
judgment of the Supreme Court in the case of
Siddheshwar Sahakari Sakhar Karkhana Limited V/s.
CIT and CIT V/s. Shri Chatrapati Sahakari Sakhar
Karkhana Limited reported in [2004] 270 ITR 1 (SC) as
followed by this Court in the case of CIT V/s.
Malegaon Sahakari Sakhar Karkhana Limited reported in
[2005] 279 ITR 19 (Bom).
3. The question of law as formulated in this
appeal reads as under :
2
Whether on the facts and in the circumstances
of the case and in law, the Tribunal is correct in deleting the additions made in the assessment order in respect of the following
items -
a. C.M. Relief fund Rs.2,38,632/-
b. Small Saving Scheme Rs.4,77,264/-
4. In view of the aforesaid judgments, insofar
as item Nos.a and b are concerned, they are to be
treated as ‘not income in the hands of the assessee’.
5. The appeal is, accordingly, dismissed. There
shall be no order as to costs.
(F.I. REBELLO, J.)
(J.P. DEVADHAR, J.)
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