Mahalaxmi Infraprojects Limited v. Asst. Commissioner Of Income Tax

dssherla IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.1458 OF 2011 Mahalaxmi Infraprojects Limited.. AppellantVersus Asst. Commissioner of Income Tax.. Respondent Kolhapur Mr.S.N.Inamdar, Sr.Advocate with Mr.Mihir Naniwadekar for the Appellant. Mr. Vimal Gupta, Sr.Advocate with Padma Divakar for the Respondent. CORAM : J.P.DEVADHAR & M.S.SANKLECHA, J.J. DATE : 11[th] FEBRUARY, 2013. P.C. Matter not on Board. Mentioned. At the request of the parties the matter is heard. 2. In this appeal, the Assessee has in respect of assessment year 2004-2005 raised the following question of law for our consideration. Whether on the facts and in the circumstances of the case on a proper and reasonable interpretation of S.80IA(4), the Tribunal is right in holding that Government or Statutory body is the developer of infrastructure facility and here appellant is not entitled to deduction under that section ? 3.The Tribunal, while dismissing the Assessee's Appeal, followed its order for assessment year 2003-2004 while denying the deduction claimed under section 80 IA(4) of the Income Tax Act. The order of the Tribunal for the assessment year 2003-2004 has been set aside by this Court in Appeal filed by the Appellant being I.T. Appeal No.4610 of 2010 on 30[th] August, 2011 and restored to the Tribunal for a fresh decision. 3.For the reasons mentioned in the order dated 30[th] August, 2011, we set aside the impugned order relating to assessment year 2004-2005 and restore the matter to the file of the Tribunal, for a fresh decision in accordance with law. 4.All the contentions of parties are kept open to be urged before the Tribunal. 5.The appeal is accordingly disposed of with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR, J.)