The Court dismissed Income Tax Appeals 1238 and 1239 of 2012. Two questions were answered in the Assessee's favor by the Tribunal and Assessing Officer. The third question was not substantial and thus the appeal failed.
No costs.
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906.ITXA1238&1239.12
sbw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1238 OF 2012 WITH
INCOME TAX APPEAL NO.1239 OF 2012
Commissioner of Income Tax-2 ..Appellant - Versus - M/s. Kalimati Investment Co.Ltd. ..Respondent
Mr. Suresh Kumar for the Appellant. Mr. Atul K. Jasani for the Respondents.
CORAM: S.C. DHARMADHIKARI AND A. K. MENON, JJ.
DATE :- 9th OCTOBER, 2014
P.C.:
1] The two questions of law stated to be arising from the order of the Tribunal in Income Tax Appeal No.2553/Mum/2011 dated 9th May, 2012, have been answered in favour of the Assessee and against the Revenue. There is no dispute in that regard because the Tribunal has relied upon a
judgment of this Court in the case of Godrej & Boyce Mfg. Co. Ltd. V/s.
Deputy Commissioner of Income Tax reported in (2010) 328 ITR 81.
Thereafter the matter was sent back to the Assessing Officer and who has applying ratio of the Division Bench, granted the claim of the Assessee.
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2 906.ITXA1238&1239.12
2] The fresh order in that regard is placed on record by Mr. Jasani and we take on file a copy thereof and marked “X” for identification.
3] In relation to the third question, the same has been answered by us as well, in the Assessee's own case, namely, Income Tax Appeal No.1308 of 2012. Following our order passed today in the Assessee's own case, we hold that the third question is also not a substantial question of law. Accordingly the Appeal fails and it is dismissed. No costs.
wadhwa
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Colour shows how this judgement treated each authority
Godrej & Boyce Mfg. Co. Ltd. V/s. Deputy Commissioner of Income TaxRelied on¶1
Godrej & Boyce Mfg. Co. Ltd. V/s. Deputy Commissioner of Income Tax reported in (2010) 328 ITR 81
1 provisions across 1 enactments
Commissioner of Income Tax-2
M/s. Kalimati Investment Co.Ltd.
S.C. DHARMADHIKARI
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
