M/S H.p. Ex-Serviceman Corporation Ltd. … v. Commissioner Of Income Tax, Shimla …

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ITA No. 49 of 2008 Date of decision: 28.10.2013 M/s H.P. Ex-Serviceman Corporation Ltd. …..Appellant Versus Commissioner of Income Tax, Shimla ….. Respondent Coram: The Hon’ble Mr. Justice A.M Khanwilkar, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge Whether approved for reporting? ________________________________________________________________________________ A.M. Khanwilkar, Chief Justice (oral) This appeal was admitted on the substantial question of law regarding interpretation of Section 36(2) of the Income Tax Act, 1961 after the amendment of 1989. 2. It is not in dispute that the said question has been answered by the Division Bench of this Court in the case of Suresh Gaggal vs. Income Tax Officer[1]. Accordingly, this appeal should succeed keeping in mind the principle expounded in the said decision with regard to scope of Section 36(2) of the Act. 3. We accordingly allow this appeal and remand the matter to the Income Tax Appellate Tribunal Chandigarh Bench (A) for reconsideration of the case keeping in mind the exposition in the case of Suresh Gaggal (supra). All other questions raised in the appeal will have to be decided on its own merits in accordance with law. Appeal disposed of accordingly. ( A.M. Khanwilkar ) Chief Justice October 28, 2013 (vt/rajni) ( Kuldip Singh ) Judge