The Commissioner Of Income Tax-13 v. M/S.umerkhadi Co-Operative Housing Society Ltd
High Court
06 Jan 2010 In favour of: Unclear
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax-13 v. M/S.umerkhadi Co-Operative Housing Society Ltd
Date of order
06 Jan 2010
Assessment year(s)
—
Outcome
Other
Case summary
In The Commissioner Of Income Tax-13 v. M/S.umerkhadi Co-Operative Housing Society Ltd, the High Court (2010) decided the matter.
Decision: The Appeals accordingly stand disposed of.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J.
INCOME TAX APPEAL NO.2323 OF 2009
WITH
INCOME TAX APPEAL NO.2158 OF 2009
The Commissioner of Income Tax-13. Vs.
...Appellant.
M/s.Umerkhadi Co-operative Housing Society Ltd.
...Respondent.
....
Mr. A.S. Shivsharan for the Appellant.Mr. S.N. Inamdar for the Respondent.
.....
CORAM : DR.D.Y.CHANDRACHUD AND
J.P.DEVADHAR, JJ.
January 6, 2010.
P.C. :
At the hearing of the Appeals, both the Learned Counsel are agreed that the following order may be passed by consent:
-(i)The impugned order of the Income Tax Appellate Tribunal, dated 3[rd] November 2008, is set aside;
-(ii)ITA 6506 and 6507/Mum/2006, pertaining to
Assessment Years 2002-03 and 2003-04 are restored to the file of the Tribunal for a decision afresh upon hearing the parties;
-(iii)Upon remand, it would be open to the Tribunal to decide, after hearing the parties, in regard to the head under which licence fees received from the cellular companies shall be assessed, and if so, the extent to which the expenditure would be allowable.
The Appeals accordingly stand disposed of.
( Dr.D.Y.Chandrachud, J.)
( J.P.Devadhar, J.)
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