The Commissioner Of Income Tax, Meerut & Another v. O.n.g.c, As Representative Of Mr. Eugueni Koietski, Dehradun ………

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL I.T.A No. 222 of 2001 Old No. 70/ 1999 The Commissioner of Income Tax, Meerut & Another ……….. Appellants Versus O.N.G.C, As representative of Mr. Eugueni Koietski, Dehradun ……….. Respondent Mr. S.K. Posti, learned Advocate for Income Tax Department . Hon. P.C. Verma, A.C.J. Hon. Rajesh Tandon, J. The Matter is squarely covered by our decision dated 30[th] September, 2003 in Income Tax Appeal No. 470 of 2001; The Commissoner of Income Tax, Meerut & another Vs O.N.G.C.; Dehradun. The questions raised before us is as follows: “ Whether in the facts and circumstances of the case the learned Income Tax Appellate Tribunal was justified directing to apply single stage grossing up of the perquisites by ONGC on behalf of the assessee instead multi stage grossing up, applied by the Assessing Officer under section 195-A of the Income Tax Act, 1961?” in Tax of For the reasons recorded in the above judgment in Income Tax Appeal No. 470 of 2001 dated 30[th] September,2003, we answer this questions in the affirmative i.e in favour of the assessee and against the Department. Appeal is disposed of accordingly. No order as to costs. (Rajesh Tandon, J.) (P.C. Verma, A.C.J.) Dt. 04.05.2004 G