The Commissioner Of Income Tax(Central), Ludhiana v. Shri Sunil Kant Munjal

ITR No. 184 & 186 of 1996 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1.ITR No. 184 of 1996 The Commissioner of Income Tax(Central), Ludhiana ...Appellant versus Shri Sunil Kant Munjal ..Respondent 2.ITR No. 186 of 1996 The Commissioner of Income Tax(Central), Ludhiana ...Appellant versus Smt. Rekha Munjal ..Respondent Date of decision: 29.04.2013 CORAM: HON'BLE MR. JUSTICE HEMANT GUPTAHON'BLE MS. JUSTICE RITU BAHRI Present:- Ms. Savita Saxena, Advocate for the appellant. Mr. Akshay Bhan, Advocate and Mr. Alok Mittal, Advocate, for the respondent. HEMANT GUPTA, J. (Oral) The present references under Section 256(1) of the Income TaxAct, 1961 (for short 'the Act') arise out of separate orders passed by theIncome Tax Appellate Tribunal (for short 'the Tribunal') on 14.11.1994 inrelation to Assessment Year 1982-83. The Revenue has claimed thefollowing substantial questions of law: “Whether, on the facts and in the circumstances of the case, theAppellate Tribunal was right in holding that the share income attributable to 36% of the assessee's right, title and interest of hisshare income in M/s Munjal Sales Corpn. Was to be excluded fromthe assessee's total income?” Learned counsel for the parties are ad idem that the question oflaw raised in the present references is decided by this Court in ITR No.7 of1989 titled “The Commissioner of Income Tax (Ludhiana) vs. Sh.Pawan Kant Ludhiana” on 30.08.2004 in favour of the assessee andagainst the revenue. Therefore, for the reasons recorded therein, the question of lawis answered in the same manner as in Pawan Kant Ludhiana case (supra). Disposed of accordingly. (HEMANT GUPTA) JUDGE ( RITU BAHRI ) JUDGE April 29, 2013G.Arora/Vimal