The High Court Bench rejected an Income Tax Application raising a question of law regarding the Tribunal's allowance of deductions under sections 80 HHC and 80 I notwithstanding failure to furnish the audit report under section 80 HHC(4).
The Income Tax Application was rejected with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION.
INCOME TAX APPLICATION NO. 22 OF 1999.
The Commissioner of Income-tax. ... Applicant. V/s. Sai Profiles & Systems P.Ltd. ... Respondents.
Mr. Ashok Kotangale with Prashant Uchil for the applicant.
CORAM : V.C.DAGA & J.P.DEVADHAR,JJ. DATED : 13.6 .2006. P.C. : ---- . This application raises following
substantial question of law said to be arising out
of the order of the Tribunal dated 16.9.1997.
. "Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that the deduction u/s 80 HHC & 80 I of the Income Tax Act should be allowed disregarding the statutory provision of section 80 HHC(4) which provides that deduction u/s 80 HHC (1) shall not be admissible unless assessee furnishes in the prescribed form along with the return of income, the audit report under prescribed Rules?"
. The Tribunal has relied upon judgment of
this Court in the case of Shivanand Electronics (209 ITR 63) and held that claim of the assessee could not have been rejected. The learned Counsel appearing for the Revenue accepts this legal position. In this view of the matter, no substantial question of law is involved in the
application. Application is, therefore, rejected
with no order as to costs.
1 issue framed by the court
Whether the Tribunal erred in allowing deduction under sections 80 HHC and 80 I despite the procedural requirement of section 80 HHC(4)?
Colour shows how this judgement treated each authority
Shivanand ElectronicsRelied on¶11
Shivanand Electronics (209 ITR 63)
2 provisions across 2 enactments
Commissioner of Income-tax
Sai Profiles & Systems P.Ltd.
V.C. Daga
J.P. Devar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
