The Commissioner Of Income Tax, Rohtak v. M/S The Atlas Cycle Industries Limited, Sonepat

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. ITA No.92 of 2002 Date of decision: 20.7.2010 The Commissioner of Income Tax, Rohtak -----Appellant Vs. M/s The Atlas Cycle Industries Limited, Sonepat ----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELHON’BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Mr. Krishan Kumar Mehta, Advocate for the revenue.Mr. Akshay Bhan, Advocate for the assessee. Adarsh Kumar Goel,J. This appeal has been preferred by the revenue under Section260A of the Income Tax Act, 1961 (for short, ‘the Act’) against order dated17.1.2001 passed by the Income Tax Appellate Tribunal, Delhi Bench ‘A’,New Delhi in ITA No.3410/Del/94 for the assessment year 1986-87,proposing to raise following substantial question of law:- “Whether on the facts and in the circumstances of the case,the ITAT was justified in confirming the order of CIT(A) indirecting the reduction of the disallowance made by the AOunder section 37(2A) of Income Tax Act, 1961?” In view of our order passed today in ITA No.161 of 2002 (The Commissioner of Income Tax, Rohtak v. The Atlas Cycle Industries Limited, Sonepat), the question proposed has to be decided against the revenue and in favour of the assessee. We order accordingly. The appeal is dismissed. (Adarsh Kumar Goel) Judge July 20, 2010‘gs’ (Ajay Kumar Mittal) Judge