The Commissioner of Income-tax v. Reliance Infrastructure Limited
[Citation -2014-LL-0926-120]

Citation 2014-LL-0926-120
Appellant Name The Commissioner of Income-tax
Respondent Name Reliance Infrastructure Limited
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 26/09/2014
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags substantial question law
Bot Summary: The Appeal has been filed by the Revenue to challenge the order of the om Income Tax Appellate Tribunal dated 28.09.2011. 2 There are in all seven questions and which are to be found at pages 7 and 8 of the memo of appeal and each one of them have been termed as substantial questions of law. Mr.Murlidhar brought to our notice the order dated 17.04.2014 passed in Income Tax Appeal No.2180/2011 between the Commissioner of Income Tax v/s Reliance Infrastructure Limited. Mr.Murlidhar would submit that barring question No.(vi), none can be termed as a substantial question of law because they stand concluded in ::: Downloaded on - 11/08/2015 15:32:49 ::: 2 itxa.1056.12.16 terms of the order passed in Income Tax Appeal No.2180/2011 on 17.04.2014. In Income Tax Appeal No.1688/2009 by order dated 24.06.2013 wherein one of the questions termed as a substantial question of law is pertaining to interpretation of Section 115JB of the Income Tax C Act, 1961. In these ig circumstances save and except the following question which is termed as a substantial question of law, the Appeal stands dismissed. The Appeal is H ADMITTED only on the following substantial question of law: Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that y provisions of Section 115JB of the Income Tax Act, ba 1961 are applicable to Assessee ignoring that accounts of the Assessee are prepared according to the provisions of the Electricity Supply Act om 6 Mr.Murlidhar waives service for the Respondents.


*1* itxa.1056.12.16 kps IN HIGH COURT OF JUDICATURE AT BOMBAY rt ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1056 OF 2012 ou Commissioner of Income Tax. ..Appellant Versus M/s Reliance Infrastructure Limited. ..Respondent C ........... Mr.Tejveer Singh, for Appellant. h Mr.R.Murlidhar i/by Rajesh Shah & Company, for Respondent. ig........... CORAM: S.C. DHARMADHIKARI AND H A.K. MENON, JJ. DATE : 26th September, 2014 P.C.: y ba 1 Heard Mr.Tejveer Singh, learned counsel appearing for Revenue and Mr.Murlidhar, learned counsel appearing for Assessee. Appeal has been filed by Revenue to challenge order of om Income Tax Appellate Tribunal dated 28.09.2011. 2 There are in all seven questions and which are to be found at pages 7 and 8 of memo of appeal and each one of them have been termed as substantial questions of law. B 3 However, Mr.Murlidhar brought to our notice order dated 17.04.2014 passed in Income Tax Appeal No.2180/2011 between Commissioner of Income Tax v/s Reliance Infrastructure Limited. We are concerned in present case with Assessment Year 2007 2008. Mr.Murlidhar would submit that barring question No.(vi), none can be termed as substantial question of law because they stand concluded in ::: Downloaded on - 11/08/2015 15:32:49 ::: *2* itxa.1056.12.16 terms of order passed in Income Tax Appeal No.2180/2011 on 17.04.2014. rt 4 On question No.(vi) alone Appeal has been admitted by ou this Court. In Income Tax Appeal No.1688/2009 by order dated 24.06.2013 wherein one of questions termed as substantial question of law is pertaining to interpretation of Section 115JB of Income Tax C Act, 1961. 5 Mr.Tejveer Singh was not able to controvert this position and emerging from orders passed by this Court noted above. Nothing h contrary thereto has been brought to our notice either. In these ig circumstances save and except following question which is termed as substantial question of law, Appeal stands dismissed. Appeal is H ADMITTED only on following substantial question of law: (a) Whether on facts and in circumstances of case Tribunal was justified in holding that y provisions of Section 115JB of Income Tax Act, ba 1961 are applicable to Assessee ignoring that accounts of Assessee are prepared according to provisions of Electricity Supply Act? om 6 Mr.Murlidhar waives service for Respondents. 7 To be heard along with Income Tax Appeal No.1688/2009. B 8 Registrar (Judicial) / Registrar, High Court, Original Side, Bombay to ensure that original record in relation to this Appeal is summoned from Tribunal and offered for inspection of parties. This paper book is treated sufficient for purpose of admission of this Appeal. However, Registry must further ensure preparation of complete paper book in accordance with Rules. Registry in first instance must send intimation of admission of this Appeal enclosing ::: Downloaded on - 11/08/2015 15:32:49 ::: *3* itxa.1056.12.16 therewith copy of this order so as to enable Tribunal to act accordingly. rt ou (A.K. MENON, J.) (S.C. DHARMADHIKARI, J.) C h ig H y ba om B ::: Downloaded on - 11/08/2015 15:32:49 ::: TheCommissionerofIncome-tax v. RelianceInfrastructureLimited
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