The Commissioner of Income-tax-I, Nagpur v. Reena Arun Saxena
[Citation -2017-LL-0711-1]

Citation 2017-LL-0711-1
Appellant Name The Commissioner of Income-tax-I, Nagpur
Respondent Name Reena Arun Saxena
Court HIGH COURT OF BOMBAY AT NAGPUR
Relevant Act Income-tax
Date of Order 11/07/2017
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags newly established industrial undertaking • admissibility of deduction • returned income • form no. 56f
Bot Summary: These two appeals under Section 260-A of the Income Tax Act, 1961 challenge orders dated 6.2.2013 and 5.2.2016 passed by the Income Tax Appellate Tribunal relating to Assessment Years 2008- 2009 and 2007-2008 respectively. Regarding question no.1, it is an agreed position between the parties that the issue raised herein stands concluded in favour of respondent/assessee and against appellant/Revenue in view of the decision of Supreme Court in CIT vs. G.M. Knitting Industries Ltd. 2015 376 ITR 456. Question no.1 is answered in affirmative i.e. in favour of the respondent/assessee and against the Revenue. Regarding question No.2, it is an agreed position between the parties that the issue raised herein stands concluded against the Revenue and in favour of the respondent/assessee by the decision of this Court in CIT vs. Pruthvi Brokers Shareholders Ltd., 349 ITR 0336. In the above view, question No.2 is answered in favour of respondent/assessee and against the appellant/Revenue.


IN HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Income Tax Appeal No.101/2013 (The Commissioner of Income Tax-I, Nagpur .vs. Smt. Reena Arun Saxena, Nagpur ) with Income Tax Appeal No.59/2016 (The Pr. Commissioner of Income Tax-I, Nagpur .vs. Smt. Reena Arun Saxena, Nagpur ) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Anand Parchure, Advocate for Appellant in ITL101/13 & 59/16 Mr. K.P. Dewani, Advocate for Respondent in ITL 101/13 Mr. N.S. Bhattad, Advocate for Respondent In ITL 59/16 CORAM : M.S. Sanklecha & Manish Pitale, JJ. DATED : July 11, 2017. 1. These two appeals under Section 260-A of Income Tax Act, 1961 challenge orders dated 6.2.2013 and 5.2.2016 passed by Income Tax Appellate Tribunal (Tribunal) relating to Assessment Years 2008- 2009 and 2007-2008 respectively. 2. two appeals have been admitted on 23.07.2015 and 28.11.2016 on following substantial questions of law:- (i) In facts and circumstances of case whether ITAT is correct in granting relief under Section 10A though condition laid down in Section 10A(5) that Form No.56F has to be filed along with return of income, has not been fulfilled? (ii) In facts and circumstances of ::: Uploaded on - 13/07/2017 ::: Downloaded on - 13/07/2017 10:55:36 ::: 2 ITL101 13&59 16.odt case when claim for deduction/exemption is made for first time during assessment proceedings whether ITAT is correct in directing A.O. to allow same ignoring decision of Supreme Court in case of Goetze India Ltd., reported in 284 ITR 323? 3. Regarding question no.1, it is agreed position between parties that issue raised herein stands concluded in favour of respondent/assessee and against appellant/Revenue in view of decision of Supreme Court in CIT vs. G.M. Knitting Industries (P.) Ltd. [2015] 376 ITR 456. Therefore, question no.1 is answered in affirmative i.e. in favour of respondent/assessee and against Revenue. 4. Regarding question No.2, it is agreed position between parties that issue raised herein stands concluded against Revenue and in favour of respondent/assessee by decision of this Court in CIT vs. Pruthvi Brokers & Shareholders (P) Ltd., (2012) 349 ITR 0336. 5. In above view, question No.2 is answered in favour of respondent/assessee and against appellant/Revenue. 6. Accordingly both appeals are dismissed. No oder as to costs. JUDGE JUDGE halwai ::: Uploaded on - 13/07/2017 ::: Downloaded on - 13/07/2017 10:55:36 ::: Commissioner of Income-tax-I, Nagpur v. Reena Arun Saxena
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