Question Of Law v. Mr. Sharma States That The First Question Is Covered By Order Of
High Court
18 Apr 2022 In favour of: Unclear
Forum / Bench
High Court · newos
Parties
Question Of Law v. Mr. Sharma States That The First Question Is Covered By Order Of
Date of order
18 Apr 2022
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Question Of Law v. Mr. Sharma States That The First Question Is Covered By Order Of, the High Court (2022) dismissed the appeal under Section 40A of the Income-tax Act.
Issue: Whether on the facts and in the circumstances of the caseand in Law, the Hon’ble ITAT is justified in adjudging that thesecond proviso to section 40a(ia) of the I.T.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
Digitally IN THE HIGH COURT OF JUDICATURE AT BOMBAYsigned byPURTIPURTIPRASADORDINARY ORIGINAL CIVIL JURISDICTIONPRASADPARABPARABDate:2022.04.21signed byPURTIPURTIPRASADORDINARY ORIGINAL CIVIL JURISDICTIONPRASADPARABPARABDate:2022.04.2110:33:58INCOME TAX APPEAL NO. 292 OF 2018 +0530+0530
Principal Commissioner of Income Tax 10Mumbai
….Appellant
V/s.Pomona Trading Co. Pvt. Ltd.
…Respondent
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Mr. Akhileshwar Sharma for Appellant.Mr. K. Gopal a/w Ms. Neha Paranjpe and Mr. Om Kandalkar for Respondent.
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CORAM : K.R. SHRIRAM &
N. R. BORKAR, JJ.
DATED : 18[th] APRIL, 2022
P.C. :
1.
The following two questions of law are proposed in the appeal :
QUESTION OF LAW
1. Whether on the facts and in the circumstances of the caseand in Law, the Hon’ble ITAT is justified in adjudging that thesecond proviso to section 40a(ia) of the I.T. Act, 1961introduced by Finance Act 2012 w.e.f. 01/04/2013 as held inHon’ble Delhi High Court in CIT vs Ansal LandmarkTownship Pvt. Ltd. in ITA 160/161/2015 being declaratoryand curative in nature will have retrospective effect andapply retrospectively without appreciating the fact that theSLP in the above mentioned case has been admitted by theHon’ble Supreme Court?
2. Whether on the facts and in the circumstances of the caseand in Law, the Hon’ble Tribunal was right in allowing reliefon account of freight charges (see freight) relying solely onCBDT circular no. 723 without affording the AO anopportunity to verify the claim of payments made?
2.
Mr. Sharma states that the first question is covered by order of
this court in Pr. Commissioner of Income Tax – 5 vs. Perfect Circle India Pvt.
Ltd.1
1 Income Tax Appeal No.707 of 2016 dated 7[th] January, 2019
3.As regards the second proposed question, in our view it is a
pure question of fact.
4.Appeal accordingly dismissed.
(N. R. BORKAR, J.)
(K.R. SHRIRAM, J.)
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