The Commissioner Of Income Tax, City 19, Mumbai v. M/S.petroleum India International

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2406 OF 2010 The Commissioner of Income Tax, City 19, Mumbai..Appellant. Versus M/s.Petroleum India International..Respondent. Mr.Suresh Kumar for the appellant.Mr.S.E. Dastur, Senior Advocate with Mr.Niraj Seth i/by Mint & Conferes for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 10[th] January 2013 P.C. : 1.In these appeals filed by the Revenue, following substantial question of law have been raised for the consideration of this Court. “a)Whether on true and proper interpretation of Section 91 (1) the assessee is entitled to take double taxation benefit for the taxes paid in Kuwait only during the current year and not during previous years or on provisions for future period ? b)Whether the Tribunal was justified in setting aside the disallowance of Rs.31,94,792/- made by AO under Section 91(1) for the taxes paid by the assessee in Kuwait during the years other than AY 1996-1997 ?” 2.Counsel for the parties agree that the issues raised in this appeal stands covered against the Revenue and in favour of the assessee by the decision of this Court rendered in the assessee's own case today i.e. 10[th ]January 2013, being Income Tax Appeal No.3653 of 2009. 3.In view of above, the appeals is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)