Uday S. Jagtap v. Calcutta Export Company, 404 Itr654

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 184 OF 2016 The Pr. Commissioner of Income Tax-17 .. Appellant v/s. M/s. Vighnaharta Enterprises ..Respondent Mr. Vipul Bajpayee for the appellant None for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J. P.C. DATED : 1[st] AUGUST, 2018. 1.This Appeal under Section 260-A of the Income Tax Act, 1961(the Act) challenges the order dated 7[th] January, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). This appeal relates toAssessment Year 2006-07. 2.The Revenue has urged the following substantial question oflaw :- “Whether on the fact and in the circumstances of the case and inlaw, the Tribunal was justified to hold that the amendmentintroduced by the finance Act, 2010 in Section 40(a)(ia) ishaving retrospective effect?” 3.Mr. Bajpayee, learned Counsel appearing for the appellantRevenue very fairly points out that the issue now stands concludedagainst the Revenue by the decision of the Supreme Court inCommissioner of Income Tax Vs. Calcutta Export Company, 404 ITR654. 4.In the above view, the question as proposed does not give rise toany substantial question of law. Thus, not entertained. 5.The appeal is dismissed. No order as to costs. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)