The Commissioner Of Income Tax – 3, Thane v. M/S.ahura Associates

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1280 OF 2009 The Commissioner of Income Tax – 3, Thane..Appellant. Versus M/s.Ahura Associates..Respondent. MrP.S. Sahadevan for the appellant.Mr.Firoze Andhyarujina with Mr.Paras S. Savla for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. P.C. : DATE : 11[th] January, 2011. 1.This appeal was admitted on 6[th] August 2009 on the following substantial question of law. “Whether on the facts and circumstances of the case and in law, the Tribunal was correct in allowing the grounds raised by the Assessee following the order of the Tribunal in Assessee’s own case which is not consistent with provision of Section 80IA (9) of the Income Tax Act ?” 2.Learned counsel on both the sides state that the aforesaid question of law has already been answered by this Court in the case of Associated Capsules Private Limited V/s. Dy. Commissioner of Income Tax (Income Tax Appeal No.3036 of 2010) decided on 10th January 2011 in favour of the assessee and against the Revenue. 3.The Appeal is disposed off accordingly with a direction to the Tribunal to re-compute the deduction in the light of aforesaid decision of this Court. No order as to costs. (Mrs.Mridula Bhatkar, J.)(J.P. Devadhar, J.)