The Commissioner Of Income Tax-5 v. M/S. Jet Airways (India) Ltd

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.351 OF 2011 The Commissioner of Income Tax-5. Vs. M/s. Jet Airways (India) Ltd. ..Appellant. ..Respondent. Mr. Suresh Kumar for the Appellant. Mr. Percy Pardiwalla, Sr. Counsel along with Mr. Atul K. Jasani for the Respondent. CORAM : S.J.VAZIFDAR & M.S. SANKLECHA, JJ. DATE : 23rd July, 2012 PC: It is agreed that except the question sought to be raised in Paragraph 4(h) of the appeal, the other questions sought to be raised are answered against the appellant by the judgment of this Court dated 28[th] September, 2011 in Commissioner of Income Tax-5, Mumbai Vs. M/s. Jet Airways (India) Limited. The said question (h) is as under: (h)Whether on the facts and in the circumstances of the case and in law, the order of the ITAT is justified in deleting the addition made by the Assessing officer on account of provision for doubtful debts while computing Book Profit u/s. 115JB?115JB? 2)In view of the retrospective amendment to Section 115JB by Finance Act No.2 of 2009 with effect from 1[st] April 2001, counsel for the parties states that this question may be restored back to the file of the Income Tax Appellate Tribunal for fresh consideration. 3)Accordingly, question 4(h) is restored to file of the Tribunal for fresh consideration in accordance with law. costs. The appeal is, accordingly, disposed of. No order as to ( M.S. SANKLECHA, J. ) ( S. J. VAZIFDAR, J.)