In The Commissioner Of Income-Tax-9 … v. M/S Primary Metals Pvt. Ltd, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: P.C. : 1.Whether the Tribunal was justified in deleting the addition made under Section 41(1) of Income Tax Act on account of cessation of deferred sales tax liability is the question raised in this appeal.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.2105 OF 2010
The Commissioner of Income-Tax-9 …Appellant
Vs.
M/s Primary Metals Pvt. Ltd.
…Respondent
Mr. Suresh Kumar, Advocate for Appellant.Mr. S.M. Shah, Advocate for respondent.
P.C. :
1.Whether the Tribunal was justified in deleting the addition made
under Section 41(1) of Income Tax Act on account of cessation of deferred sales tax liability is the question raised in this appeal. The concurrent finding of fact given by C.I.T. (A) as well as I.T.A.T., is that there was no cessation of deferred sales-tax liability. The decision is based on finding of fact. No question of law arises. Hence, the appeal dismissed.
(Smt. R.P. SondurBaldota, J.)
( J.P. Devadhar, J.)
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