Saabri Freight Carrier Pvt. Ltd., Kishanpole, Udaipur v. The Assistant Commissioner Of Income Tax, Circle-I, Udaipur

HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODHPUR D.B. Income Tax Appeal No. 104 / 2011 Saabri Freight Carrier Pvt. Ltd., Kishanpole, Udaipur ----Appellant Versus The Assistant Commissioner of Income Tax, Circle-I, Udaipur ----Respondent _____________________________________________________For Appellant(s) : Mr. Anjay Kothari, with Mr. Bhagirath PatelFor Respondent(s) : Mr. K.K. Bissa _____________________________________________________ HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE VINIT KUMAR MATHUROrder 10/07/2017 A Division Bench of this court in Commissioner ofIncome Tax Vs. Harish Chand Ahuja (Income Tax AppealNo.203/2013 decided on 26.11.2014) held that amendment toSection 40(a)(ia) of the Income Tax Act, 1961 by the Finance Act,2010 is only an amendment in continuation of the earlieramendment made in the Finance Bill, 2008 with retrospectiveeffect from 01.04.2005. In light of the judgment referred above,the disallowance made by the Income Tax Appellate Tribunal is notat all justified. Accordingly, the question No.1 is decided in favourof the appellant assessee. Suffice to mention that the view takenis further substantiated by a judgment of the Calcutta High Courtin Piu Ghosh Vs. Deputy Commissioner of Income Tax (Income TaxAppeal No.191/2009 decided on 12.07.2016). In light of the finding arrived with regard to questionNo.1, the question No.2 remains only an academic question,therefore, that is not required to be answered. The appeal is allowed, accordingly. (VINIT KUMAR MATHUR) J. (GOVIND MATHUR) J. Pramod