The Commissioner Of Incometax Ii v. Itl

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH : NAGPUR CAT NO. 2 OF 2011 IN ITL NO. 104 OF 2010 -(The Commissioner of IncomeTax II vs. Smt. Sangitadevi Agrawal) Office Notes, Office Memoranda ofCoram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : B.P. DHARMADHIKARI & A.B. CHAUDHARI, JJ. FEBRUARY 09, 2012. Heard Shri Parchure, learned counsel for the applicant/ appellant and Shri Thakar, learned counsel for the respondent. We are satisfied that the question raised in para 3 of the application fell for determination in ITL No. 104 of 2010. It is also not in dispute that other matters involving the similar question are already admitted by this Court. Hence, the order dated 23.09.2010 is recalled. ITL No. 104 of 2010 is restored to file. ITL NO. 104 OF 2010 Heard Shri Parchure, learned counsel for the applicant/ appellant and Shri Thakar, learned counsel for the respondent. Admiton the question as substantial question of law : “Whether in the facts and circumstances of the case, the Hon'ble ITAT is justified in holding that the incentive received by the assessee under package scheme of Incentive of 1993 of the Government of Maharashtra is a capital receipt and hence not chargeable to tax ?” Shri Thakar, learned counsel waives notice for the respondent. List the matter with ITL No. 51 of 2010. JUDGE *GS. JUDGE