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The Commissioner Of Income Tax-Iii v. M/S.shapoorji Pallonji & Co

High Court 08 Oct 2007 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax-Iii v. M/S.shapoorji Pallonji & Co
Date of order
08 Oct 2007
Assessment year(s)
Outcome
Dismissed

Case summary

In The Commissioner Of Income Tax-Iii v. M/S.shapoorji Pallonji & Co, the High Court (2007) dismissed the appeal. The decision went in favour of the assessee.

Decision: Considering that the question of law has been dealt by the order of this Court in Income Tax Appeal No.416 of 2004, the question of law would not arise and consequently the appeal is dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON INCOME TAX APPEAL NO.972 OF 2004 The Commissioner of Income Tax-III .. Appellant. Versus M/s.Shapoorji Pallonji & Co. .. Respondent. Mr.Vimal Gupta for the appellant. Mr.A.K. Jasani for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 8TH OCTOBER, 2007. P.C. : 1. The I.T.A.T. in the impugned order has followed its earlier order in ITA No.1022/M/1996 decided on 16/1/2003. That was the subject matter of an appeal before this Court in Income Tax Appeal No.416 of 2004. The learned Bench of this Court relied on the case of M.V. Sonvala V/s. Commissioner of Income Tax reported in 177 I.T.R. 246 and found that considering the aforesaid Judgment, the question of law would not arise. 2. Considering that the question of law has been dealt by the order of this Court in Income Tax Appeal No.416 of 2004, the question of law would not arise and consequently the appeal is dismissed. (F.I. REBELLO, J.) 2 (J.P. DEVADHAR, J.)
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