Principal Commissioner Of Income Tax 7 v. Satyam Corporation

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 690 of 2018 ===========================================================PRINCIPAL COMMISSIONER OF INCOME TAX 7 VersusSATYAM CORPORATION ================================================================ Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.R. SHAHand HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 10/07/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Income Tax Appellate Tribunal (ITAT), ‘D’ Bench, Ahmedabad dated 19.12.2017 in ITA No.1176/Ahd./2012 for the Assessment Year : 2008-2009, the Revenue has preferred the present Tax Appeal with the following proposed substantial question of law :- “Whether the Appellate Tribunal has substantially erred in law in deleting the additions made u/s. 80IB(10) of Rs.83,65,567/- by the Assessing Officer?” C/TAXAP/690/2018 ORDER 2. Heard learned Counsel Mr. M.R. Bhatt appearing on behalf of the appellant – Revenue. behalf of the appellant – Revenue. 3. At the outset, it is required to be noted that while passing the impugned order, the learned Tribunal has heavily relied upon its decision of the Tribunal in case of one – Shree Hari Developers. From the impugned order, it appears that in an identical case of Shree Hari Developers, the ITAT held in favour of the assessee and allowed the similar deduction claimed under Section 80IB(10) of the Act. It is reported by learned Counsel appearing on behalf of the Revenue Mr. M.R. Bhatt that as such, the decision in the case of Shree Hari Developers was further carried before this Court by way of Tax Appeal No.124/2018 and vide order dated 27.12.2018, the Division Bench of this Court has dismissed the Appeals preferred by the Revenue. passing the impugned order, the learned Tribunal has heavily relied upon its decision of the Tribunal in case of one – Shree Hari Developers. From the impugned order, it appears that in an identical case of Shree Hari Developers, the ITAT held in favour of the assessee and allowed the similar deduction claimed under Section 80IB(10) of the Act. It is reported by learned Counsel appearing on behalf of the Revenue Mr. M.R. Bhatt that as such, the decision in the case of Shree Hari Developers was further carried before this Court by way of Tax Appeal No.124/2018 and vide order dated 27.12.2018, the Division Bench of this Court has dismissed the Appeals preferred by the Revenue. 4. Therefore, the issue involved in the present Appeal is now not res-integra and the same is held against the Revenue. now not res-integra and the same is held against the Revenue. C/TAXAP/690/2018 ORDER 5. In view of the above, no substantial question of law arises in the present Appeal. The Appeal therefore, deserves to be dismissed and is hereby dismissed. arises in the present Appeal. The Appeal therefore, deserves to be dismissed and is hereby dismissed. Sd/-(M.R. SHAH, J) CAROLINE Sd/-(A.Y. KOGJE, J)