M/S Pride Foramer Sa v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Income Tax Appeal No. 23 of 2009 M/s Pride Foramer SA. .………. Appellant Versus Deputy Commissioner of Income Tax. ..………. Respondent Mr. P.C. Petshali, Advocate, holding brief of Mr. L.K. Tiwari, Advocate for the appellant. Mr. H.M. Bhatia, Advocate for the respondent. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C. J. (Oral) We are concerned, in the instant appeal, with Assessment Year 2001-2002, i.e. Accounting Year 1[st] April, 2000 to 31[st] March, 2001. According to the own showing of the appellant, the proviso to Section 32(2) of the Income Tax Act was deleted from the Income Tax Act w.e.f. 1[st] April, 2000. In the present appeal, appellant is seeking benefit of the proviso to Section 32(2) of the Income Tax Act. The attempt made by the appellant to read the proviso to Section 32(2) of the Act in Section 44BB of the Act is not sustainable. 2. The appeal fails and the same is dismissed. G (Servesh Kumar Gupta, J.) (Servesh Kumar Gupta, J.) (Barin Ghosh, C. J.) 04.12.2013 04.12.2013