The Commissioner Of Income Tax-1 v. M/S. Blue Star Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2110 OF 2012WITH INCOME TAX APPEAL (L) NO.2113 OF 2012 WITH INCOME TAX APPEAL (L) NO. 2128 OF 2012 The Commissioner of Income Tax-1...Appellant. v.M/s. Blue Star Limited. ..Respondent. Mr. Suresh Kumar for the Appellant. Mr. F. B. Andharujinha, Senior Advocate with Mr. B. G. Yewele i/by Rajesh Shah & Co. for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 7th March, 2013 PC: In these appeals for assessment years 2002-03, 2003-04 and 2004-05 following common question has been raised for our consideration. Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in deleting the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 in respect of dis-allowance made on account of curtailment of deduction under Section 80IB of the Income Tax Act.,1961? 2)Counsel for the parties state a similar question was raised by the revenue against the respondent assessee in Income Tax Appeal Lodging No.2108/2012. By our order passed today we refused to entertain the appeal of the revenue in Income Tax Appeal Lodging No.2108/2012. For the reasons mentioned in our order passed today in Income Tax Appeal No.2108/2012, we see no reason to entertain the proposed question of law. 3)Accordingly, all the appeals are dismissed with no order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)