Pr. Commissioner Of Income Tax - 10 v. M/S. Infowavz International Pvt.ltd

Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1032 OF 2015 Pr. Commissioner of Income tax - 10 …Appellant Versus M/s. Infowavz International Pvt.Ltd. …Respondent ---------- Mr. Tejveer Singh, for the Appellant. ---------- CORAM :M.S. SANKLECHA &RIYAZ I. CHAGLA, JJ. DATE : 20 February 2018 ORDER : 1.Heard. 2.This Appeal under Section 260A of the Income TaxAct, 1961 (“the Act” for short) challenges the order dated 25 1/3 41-ITXA-1032-15.doc November 2014 passed by the Income Tax Appellate Tribunal(“Tribunal” for short). This Appeal relates to the assessmentyear 2009-10. 3.The Revenue has urges the following question of lawfor our consideration:- Whether on the facts and in the circumstances ofthe case and in law, the Tribunal was justified in allowing deduction under Section 10A withoutsetting off the brought forward business losses andunabsorbed depreciation? 4.Mr. Tejveer Singh, learned Counsel appearing forthe Revenue, very fairly states that the issue raised herein standsconcluded against the Appellant-Revenue and in favour of theRespondent-Assessee. This in view of the decision of this Court in Commissioner of Income Tax Vs. Black & VeatchConsulting (P.) Ltd.[1] and of the Apex Court in Commissioner 1 (2012)20 taxmann.com 727 (Bom.) 2/3 41-ITXA-1032-15.doc of Income Tax Vs. Yokogawa India Ltd.[2]. 5.In the above view, the above question as proposeddoes not give rise to any substantial question of law. Thus, notentertained. 6.Accordingly, the Appeal is dismissed, with no orderas to costs. [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 3/3