The Commissioner Of Income Tax v. Nalwa Sons Investments Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHIR-15 + ITA 556/2010 THE COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr Asheesh Jain, Senior Standing Counsel for Revenue. versus NALWA SONS INVESTMENTS LTD. ..... Respondent Through: Ms Kavita Jha, Mr Vaibhav Kulkarni and Ms Devika Jain, Advocates. CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA O R D E R % 21.02.2019 1. While admitting this appeal on 5[th] May, 2011, the following order was passed: “CM No. 5228/2010 The delay in re-filing the appeal is condoned. This application stands disposed of. ITA 556/2010 The counsel for the parties have been heard. Admit. The following substantial question of law arises for the consideration of this court:- “Whether the Income-tax Appellate Tribunal erred in setting aside the disallowance under Section 80 HHC of the Income-tax Act, 1961 while computing the Minimum Alternative Tax (MAT) under Section 115 JB of the Income-tax Act, 1961” The paper books be filed by the appellant within three months as per rules. Tag alongwith ITA No.875/2008.” 2. Mr Asheesh Jain, learned Senior Standing Counsel for the Revenue has produced before the Court the order passed by this Court on 5[th] May, 2011 in ITA No.875/2008, answering the question in favour of the Assessee and against the Revenue relying on Ajanta Pharma Ltd. v CIT 327 ITR 305. 3. In that view of the matter, the question is answered in favour of the Assessee and against the Revenue. 4. The appeal is dismissed. S. MURALIDHAR, J. SANJEEV NARULA, J. FEBRUARY 21, 2019 rd