The Commissioner Of Income Tax-9 v. Jyoti Plastic Works Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.240 OF 2013 WITH INCOME TAX APPEAL (L) NO.426 OF 2013 The Commissioner of Income Tax-9. ..Appellant. v. Jyoti Plastic works Pvt. Ltd...Respondent. Mr. Vimal Gupta, Sr. Advocate with Ms. Padma Divakar for the Appellant.None for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 18[th] March, 2013. PC: In this appeal by the revenue for assessment year 2007-08, following common question has been raised for our consideration. a) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in allowing deduction to the assessee company u/s. 80IB of the Income Tax Act, 1961 even though the assessee company had failed to comply with the conditions of section 80IB(2)(iii) and 80IB(2)(iv) of the Income Tax Act, 1961? 2)The Tribunal by impugned order has allowed the claim of the respondent assessee by following the decision of this court in an appeal filed by the revenue in respondent-assessee's own case reported in 399 ITR 491. In view of the above, we see no reason to entertain the proposed question of law. 3)Accordingly, both the appeals are dismissed. No order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)