In The Commissioner Of Income Tax-20 v. M/S. Aristo Exports, the High Court (2013) dismissed the appeal. The decision went in favour of the assessee.
Issue: Whether on the facts and in the circumstances of the case and in law the Tribunal erred in confirming the deletion of addition made by the assessing Officer towards deduction u/s.
Decision: 3)Accordingly, the appeal is dismissed with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.739 OF 2011
The Commissioner of Income Tax-20.
v.
M/s. Aristo Exports.
..Appellant.
..Respondent.
Mr. Abhay Ahuja for the Appellant.Mr. K.C.Pursty h/f. Ratan Kumar Samal for the Respondent.
CORAM : J.P. DEVADHAR AND
M.S. SANKLECHA, JJ.
DATE : 22ND JANUARY, 2013
PC:
In this appeal by the revenue for assessment year 2002-03 following question of law has been raised for our consideration.
Whether on the facts and in the circumstances
of the case and in law the Tribunal erred in confirming the deletion of addition made by the assessing Officer towards deduction u/s. 80IB of the Income Tax Act,1961?
2)We find that the impugned order of the Tribunal relies upon
its own decision on this very issue in the respondent assessee's own case for assessment year 2003-04. We are informed that the revenue has not preferred any appeal to this Court on this issue. No case is
ASN
made out to take a view different from the view taken by the Tribunal
for assessment year 2003-04. In the circumstances, the proposed question of law cannot be entertained.
3)Accordingly, the appeal is dismissed with no order as to
costs.
(M.S.SANKLECHA, J.)
(J.P. DEVADHAR, J.)
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