Principal Commissioner Of Income Tax 1 v. Astral Poly Technik Ltd

C/TAXAP/972/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 972 of 2018 ================================================================ PRINCIPAL COMMISSIONER OF INCOME TAX 1VersusASTRAL POLY TECHNIK LTD. ================================================================Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.R. SHAHandHONOURABLE MR.JUSTICE A.Y. KOGJE Date : 30/07/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied by the impugned judgment and order passed by the learned Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench “A” passed in ITA No.2667/Ahd./2014 for the Assessment Year 2011-judgment and order passed by the learned Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench “A” passed in ITA No.2667/Ahd./2014 for the Assessment Year 2011- 2012, the Revenue has preferred the present Appeal with the proposed question of law :- “Whether the Appellate Tribunal was right in law and facts in deleting the addition in respect of deduction u/s 80IC without appreciating the facts that the provisions of section 80IC(7) r.w.s. 80IA(8) of the Act were rightly invoked by the AO while estimating the profits derived from brand value and marketing activity?”and facts in deleting the addition in respect of deduction u/s 80IC without appreciating the facts that the provisions of section 80IC(7) r.w.s. 80IA(8) of the Act were rightly invoked by the AO while estimating the profits derived from brand value and marketing activity?” 2. Heard learned Advocate Mrs. Mauna M. Bhatt appearing on behalf of the appellant – Revenue. 3. At the outset, it is required to be noted that on the very issue and the very Assessee, with respect to the earlier assessment year/s, the Division Bench of this Court in Tax Appeal No.481/2017 had dismissed the Appeal preferred by the Revenue. The learned Tribunal has relied upon its earlier order in the case of the very assessee but with respect to the earlier Assessment Year : 2008-2009, which has now been confirmed by the Division Bench of this Court. issue and the very Assessee, with respect to the earlier assessment year/s, the Division Bench of this Court in Tax Appeal No.481/2017 had dismissed the Appeal preferred by the Revenue. The learned Tribunal has relied upon its earlier order in the case of the very assessee but with respect to the earlier Assessment Year : 2008-2009, which has now been confirmed by the Division Bench of this Court. 4. Under the circumstances, the issue involved in the present Appeal is now concluded against the Revenue in light of the decision rendered in Tax Appeal No.481/2017. Therefore, no substantial question of law arises in the present Appeal. Therefore, the present Appeal deserves to be dismissed and is accordingly dismissed. present Appeal is now concluded against the Revenue in light of the decision rendered in Tax Appeal No.481/2017. Therefore, no substantial question of law arises in the present Appeal. Therefore, the present Appeal deserves to be dismissed and is accordingly dismissed. Sd/-(M.R. SHAH, J) CAROLINE Sd/-(A.Y. KOGJE, J)