In The Commissioner Of Income-Tax v. M/S.emmes Metals Ltd, the High Court (2008) dismissed the appeal. The decision went in favour of the assessee.
Decision: For the reason that the issue is debatable the question of law as framed would not arise and consequently the Appeal is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1065 OF 2004
The Commissioner of Income-tax....Appellant
Vs.
M/s.Emmes Metals Ltd.
...Respondent
Mr. P.S. Sahadevan, for the Appellants.Ms. A. Vissanji with Mr. S.S. Mehta for the respondent.
CORAM : F.I. REBELLO&R.S. MOHITE, JJ.DATED : 7TH JANUARY,2008
P.C.
.
The Respondents have raised two contentions. It is
out that the issue is debatable and considering that also
surcharge could not have been levied.
2.In view of the fact that the issue is debatable we do
not propose to answer the first issue. For the reason that
the issue is debatable the question of law as framed would
not arise and consequently the Appeal is dismissed.
(R.S.MOHITE, J.)
(F.I.REBELLO, J)
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