This order responds to a reference from the Income Tax Appellate Tribunal regarding assessment year 1991. The Bench answers the referred questions in favour of the Department and against the assessee, relying on a prior Division Bench judgment.
Questions referred are answered in favour of the Department and against the assessee.
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.
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
R.C.No.36 of 2000
ORDER: (Per the Hon’ble Sri Justice L.Narasimha Reddy)
This reference arises out of I.T.A.No.377/Hyd/94 on the file of the Income Tax Appellate Tribunal, Hyderabad Bench ‘A’. Out of three questions sought to be referred by the applicant herein, the Tribunal referred question Nos.2 and 3.
The proceedings are in relation to assessment year 1991. It is brought to our notice that for the assessment year 1991-92 in respect of the applicant herein, similar reference was made to this Court in R.C.No.124 of 1995 and that following the judgment of the Supreme Court in IPCA Laboratory Limited v. Deputy
Commissioner of Income Tax[1] , a Division Bench of this Court answered the reference, through its order, dated 28.11.2007, against the applicant.
In view of the same, we answer the questions referred to us in favour of the Department and against the assessee.
The reference is accordingly answered.
____________________ L.NARASIMHA REDDY, J.
___________________ T.SUNIL CHOWDARY, J.
Date:17.06.2014 GJ
[1] ITR 266 page 521
2 issues framed by the court
Whether the questions referred by the Tribunal in the present reference should be answered in view of the earlier judgment.
Whether the earlier Division Bench judgment answers the reference against the applicant.
Colour shows how this judgement treated each authority
IPCA Laboratory Limited v. Deputy Commissioner of Income TaxReferred¶5
IPCA Laboratory Limited v. Deputy Commissioner of Income Tax
The Department
The Assessee
L.NARASIMHA REDDY
T.SUNIL CHOWDARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
