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The Commissioner Of Income Tax v. M/S.pallavi Holdings Pvt.ltd

High Court 05 Mar 2009 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income Tax v. M/S.pallavi Holdings Pvt.ltd
Date of order
05 Mar 2009
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In The Commissioner Of Income Tax v. M/S.pallavi Holdings Pvt.ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.

Issue: The question of law which arises in this Appeal is as under:- "Whether on the facts and the circumstances of the case Hon’ble ITAT was right in law in holding that the dejure owner of the shares alone is entitled to receive the dividend declared by a company though the assessee might be defacto owne...

Decision: Ltd., 302 ITR 92 (Bom.). of the above there is no merit in this Appeal which is accordingly dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.
(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL LODGING NO.1757 OF 2008 The Commissioner of Income Tax.....Appellant Vs. M/s.Pallavi Holdings Pvt.Ltd. ..Respondent Mr. P.S. Sahadevan, fo the Appellant. Mr. A.K. Jasani for Respondent. CORAM: F.I.REBELLO&R.S.MOHITE, JJ.DATED: 5TH MARCH, 2009 CORAM: F.I. R.S.MOHITE, JJ. DATED: 5TH MARCH, 2009 P.C.: P.C.: . The question of law which arises in this Appeal is as under:- "Whether on the facts and the circumstances of the case Hon’ble ITAT was right in law in holding that the dejure owner of the shares alone is entitled to receive the dividend declared by a company though the assessee might be defacto owner of the shares." 2. The issue is covered by the judgment of this Court in Commissioner of Income-tax vs. Aatur Commissioner of Income-tax vs. AaturHoldings P. Ltd., 302 ITR 92 (Bom.). In the light Holdings P. Ltd., 302 ITR 92 (Bom.). of the above there is no merit in this Appeal which is accordingly dismissed. (-2-) (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.)
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