The Commissioner Of Income Tax – 7, Mumbai v. Novartis India Limited
High Court
04 Sep 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax – 7, Mumbai v. Novartis India Limited
Date of order
04 Sep 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax – 7, Mumbai v. Novartis India Limited, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Decision: Hence, 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.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1117 OF 2009
The Commissioner of Income Tax – 7, Mumbai..Appellant.
Versus
Novartis India Limited
..Respondent.
Mr.Suresh Kumar for the appellant.Mr.J.D. Mistry with Mr.Damodar i/by Kanga & Co. for the respondent.
CORAM : V.C. DAGA & J.P. DEVADHAR, JJ.
DATE : 4TH SEPTEMBER 2009
P.C. :
1.Heard learned counsel for the revenue. It is not in dispute that in so far as first question is concerned, the same is squarely covered by the Apex Court judgment in the case of Sandvik Asia Limited V/s. C.I.T.reported in 280 ITR 643(SC)against the revenue.
2.So far as second question is concerned, the view taken by the tribunal is valid since the refund amount was crystallized and only refund cheque was to be issued. In that view of the matter, no fault can be found with the view taken by the tribunal.
3.The appeal is without any substance. Hence, the appeal is dismissed with no order as to costs.
(V.C. Daga, J.)
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