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The Commissioner Of Income Tax v. Infrastructure Leasing Financial Services Ltd

High Court 03 Jul 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. Infrastructure Leasing Financial Services Ltd
Date of order
03 Jul 2009
Assessment year(s)
Outcome
Dismissed

Case summary

In The Commissioner Of Income Tax v. Infrastructure Leasing Financial Services Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.

Issue: Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in deleting the addition of Rs.4,79,94,289/- being the difference between the lease rentals credited to the account of SOD method and lease rentals offered for tax on accrual basis.?

Decision: Revenue is directed to remove office objections, failing which, appeal shall stand dismissed.

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

The order — as passed by the High Court

srk IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2267 OF 2009 WITH INCOME TAX APPEAL (L) NO. 2781 OF 2008 The Commissioner of Income Tax Vs. Infrastructure Leasing Financial Services Ltd. ..Appellant ..Respondent Mr.P.S.Sahadevan for appellant. None for respondent. P.C. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 3[rd] July, 2009 DATE : Heard. For the reasons stated in the affidavit, delay is condoned. Notice of Motion is made absolute. Revenue is directed to remove office objections, failing which, appeal shall stand dismissed. In the event of removal of office objections, Registry is directed to register the appeal and it may be treated as admitted on the following substantial question of law. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in deleting the addition of Rs.4,79,94,289/- being the difference between the lease rentals credited to the account of SOD method and lease rentals offered for tax on accrual basis.? So far as other question is concerned, the same has already been considered and answered by this court in the Assessee’s own case reported in 195 ITR 682. Place the appeal along-with Income Tax Appeal No. 584 of 2004. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)
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This page reproduces a public-domain court order (Section 52(1)(q)(iv), Copyright Act 1957). Explanations are EaseValue's original analysis. Always read the original order.
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