The Commissioner Of Income Tax, Meerut & Another ……… Appellants v. O.n.g.c., Dehradun

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL I.T.A No. 505 of 2001Old No. 261/1999 The Commissioner of Income Tax, Meerut & another ……… Appellants Versus O.N.G.C., Dehradun As representative of Mr. Boris Lantratov ………. Respondent Hon. P.C. Verma, A.C.J.Hon. Rajesh Tandon, J. Mr. S.K. Posti, learned counsel for the Tax Deptt. Mr. J.P. Joshi, learned counsel for the respondent. The matter is squarely covered by our decision dated 30[th ] September, 2003 in Income Tax Appeal No. 470 of 2001; TheCommissioner of Income Tax, Meerut & another Vs O.N.G.C.,Dehradun. The question raised before us is as follows: “Whether in the facts and circumstances of the case thelearned Income Tax Appellate Tribunal was l e g a l l y correct indirecting to apply single stage grossing up of the Taxperquisites paid by ONGC on behalf of the assessee instead ofmulti stage grossing up, applied by the Assessing Officer undersection 195-A of the Income Tax Act, 1961?” Assessing Officer undersection 195-A of the Income Tax For the reasons recorded in the above judgment in Income TaxAppeal No. 470 of 2001 dated 30[th ]September, 2003, we answer thisquestion in the affirmative i.e. in favour of the assessee and againstthe Department. answer thisquestion in the affirmative i.e. in favour of the Appeal is disposed of accordingly. No order as to costs. (Rajesh Tandon, J.) (P.C. Verma, A.C.J.)