In an Income Tax Appeal framed as an appeal, the bench considered whether a substantial question of law arose. Finding that the Tribunal's order followed a binding Division Bench decision (Godrej and Boyce) which was affirmed by this Court, the bench held no question arose.
The appeal was dismissed 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.716 OF 2015
The Commissioner of Income Tax-8
vs.
M/s.Welspun Wintex Limited
...Appellant
...Respondent
Ms S.V.Bharucha for the appellant
Mr.A.K.Jasani for the respondent
CORAM : A.S.OKA, &
A.K.MENON,JJ.
DATE : NOVEMBER 7, 2017
P.C.:
1It is not in dispute that the impugned Judgment
and order of the Income Tax Tribunal is in terms of
the law laid down by the Division Bench of this
Court in the case of Godrej and Boyce Manufacturing
Company Limited Vs. DCIT1.
2It is also not in dispute that the Special
Leave petition filed by the appellant-revenue
against the said decision has been summarily
dismissed.
3Hence, this Court continues to be bound by the
aforesaid decision of this Court in the case of
Godrej and Boyce Manufacturing Company Limited
(supra). No substantial questions of law arises.
Appeal is dismissed with no order as to costs.
1 (328) ITR 81 (Bom)
1 issue framed by the court
Whether the present appeal raises any substantial questions of law in light of the binding precedent in Godrej and Boyce Manufacturing Company Limited.
Colour shows how this judgement treated each authority
Godrej and Boyce Manufacturing Company Limited Vs. DCITFollowed¶12
Godrej and Boyce Manufacturing Company Limited Vs. DCIT
The Commissioner of Income Tax-8
M/s.Welspun Wintex Limited
A.S.Oka
A.K.Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court