The Commissioner Of Income Tax – 23, Mumbai v. M/S.nathpa Jhakri Joint Venture

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1815 OF 2011 The Commissioner of Income Tax – 23, Mumbai..Appellant. Versus M/s.Nathpa Jhakri Joint Venture..Respondent. Mr.Arvind Pinto for the appellant.Mr.Sanjeev M Shah for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 28[th] February 2013 P.C. : 1.In this appeal by the Revenue for assessment year 2003-04, following question of law has been formulated for our consideration. “Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in holding that the claim of gratuity paid should be allowed to the assessee in spite of the fact that the assessee had not claimed such deduction in the computation of income filed along with return of income and even no revised return has been filed making the said claim under Section 139(5) of the Income Tax Act, 1961 ?” 2.Counsel for the parties state that the issue raised in this appeal stands concluded in favour of the assessee and against the Revenue by the decision of this Court in the matter of Commissioner of Income Tax V/s. Pruthvi Brokers and Shareholders (P) Limited reported in (2012) 208 Taxman 498 (Bom). 3.In this view of the matter, we see no reason to entertain the proposed question of law. Accordingly, the appeal is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)