The Commissioner Of Income Tax, Alwar v. M/S. Gillette India Ltd., 65-A, Industrial Area, Bhiwadi

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No.864/2008 The Commissioner of Income Tax, Alwar ----Appellant Versus M/s. Gillette India Ltd., 65-A, Industrial Area, Bhiwadi ----Respondent For Appellant(s) : Mrs. Parinitoo JainFor Respondent(s): Mr. Sanjay Jhanwar HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 28/11/2018 Heard learned counsel for the parties and perused thematerial on record. This court, vide order dated 08.11.2010, admitted thepresent appeal on the following two substantial questions of law:- “(1) Whether, on the facts and in the circumstances ofthe case and in law, the Tribunal was justified inholding that first stage of tax payable is advance-taxand assessee is entitled to set off the MAT credit atthis stage whereas total income is computable onlyafter closing of the financial year, not at the state ofpayment of advance tax therefore set off of credit forMAT to be allowed after allowing credit of advance-taxu/S 219 of IT Act, 1961? (2) Whether the Minimum Alternate Tax is at par withAdvance-tax on TDS/TCS or regular tax as envisagedin the Act?” Learned counsel for the parties do not dispute that both thequestions, on which this appeal was admitted, stand alreadyanswered by a coordinate bench of this court vide judgment dated 16.05.2017 while dismissing a bunch of appeals leading one being D.B. Income Tax Appeal No.626/2008 – C.I.T. Alwar Vs. M/s. Gillate India Limited. In view of the above, this appeal is dismissed. (GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J //Jaiman//43