The Commissioner of Income-tax-I, Chandigarh v. Bnal Prefab Pvt. Ltd
[Citation -2015-LL-0507-55]
| Citation | 2015-LL-0507-55 |
|---|---|
| Appellant Name | The Commissioner of Income-tax-I, Chandigarh |
| Respondent Name | Bnal Prefab Pvt. Ltd. |
| Court | HIGH COURT OF PUNJAB & HARYANA |
| Relevant Act | Income-tax |
| Date of Order | 07/05/2015 |
| Judgment | View Judgment |
| Keyword Tags | fresh assessment • question of law |
| Bot Summary: | Mr. Alok Mittal, Advoate, for the respondent. S.J. VAZIFDAR, A.C.J. This is an appeal against the order of the Tribunal remanding the matter to the Assessing Officer to pass a fresh assessment order by considering the provisions of Section 40(a) of the Income Tax Act, 1961 in accordance with the decision of the Special Bench of the Tribunal at Vishakhapatnam in ACIT Vs Merilyn Shipping Transports 140 TTJ 1(SB). We have by our order and judgement dated 29.04.2015 in a group of appeals the first of which is ITA-716-2009 titled as P.M.S. Diesels, Phagwara Vs Commissioner of Income Tax-II, Jalandhar held in favour of the revenue and taken a view contrary to the one taken by the Special Bench of the Tribunal. In view of our order and judgement dated 29.04.2015, the question of law is decided in favour of the revenue and against the respondent/assessee. In these circumstances, the Assessing Officer shall pass a fresh assessment order and while dealing with the issue of Section 40(a)(ia) of the Act shall do so in accordance with our aforesaid judgement and order dated 29.04.2015. Needless to add that all other contentions would be open to the parties including the respondent. |