The Commissioner of Income-tax-­I, Nagpur v. Vidarbha Irrigation Development Corporation
[Citation -2017-LL-0803-27]

Citation 2017-LL-0803-27
Appellant Name The Commissioner of Income-tax-­I, Nagpur
Respondent Name Vidarbha Irrigation Development Corporation
Court HIGH COURT OF BOMBAY AT NAGPUR
Relevant Act Income-tax
Date of Order 03/08/2017
Judgment View Judgment
Keyword Tags question of law
Bot Summary: This appeal under Section 260A of the Income Tax Act, 1961 challenges the impugned order dated 12th August, 2005 passed by the Income Tax Appellate Tribunal. On 29th March, 2007 this appeal was admitted on the following substantial question of law : Whether, on the facts and in the circumstances of the case, the ITAT was correct in holding that the assessee is a developer authority eligible for exemption u/s. The parties are agreed that the substantial question of law raised herein stands concluded against the Revenue by virtue of decision rendered in Income Tax Appeal No.68/2006 in respect of the same respondent/assessee. For the reasons indicated in our judgment and order passed today in ITA No.68/2006, substantial question of law is answered in the affirmative i.e. in favour of the respondent/assessee and against the appellant/Revenue.


1 0308itl49.06.odt IN HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Income Tax Appeal No.49 of 2006 (The Commissioner of Income Tax I, Nagpur .vs. Vidarbha Irrigation Development Corporation, Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr.A. Parchure & Mr. Bhushan Mohta, Advocates for Appellant. Mr.K.P.Dewani, Advocate for Respondent. CORAM : M.S.SANKLECHA & MANISH PITALE, JJ. DATE : 03.08.2017. This appeal under Section 260A of Income Tax Act, 1961 (the Act) challenges impugned order dated 12th August, 2005 passed by Income Tax Appellate Tribunal (Tribunal). This appeal relates to Assessment Year 1999 2000. 2. On 29th March, 2007 this appeal was admitted on following substantial question of law : (a) Whether, on facts and in circumstances of case, ITAT was correct in holding that assessee is developer authority eligible for exemption u/s. 10(20A) of Income Tax Act?" ::: Uploaded on - 04/08/2017 ::: Downloaded on - 07/02/2018 12:31:24 ::: 2 0308itl49.06.odt 3. parties are agreed that substantial question of law raised herein stands concluded against Revenue by virtue of decision rendered in Income Tax Appeal No.68/2006 in respect of same respondent/assessee. 4. Therefore, for reasons indicated in our judgment and order passed today in ITA No.68/2006, substantial question of law is answered in affirmative i.e. in favour of respondent/assessee and against appellant/Revenue. 5. Accordingly, appeal dismissed. No order as to costs. JUDGE JUDGE waghmare ::: Uploaded on - 04/08/2017 ::: Downloaded on - 07/02/2018 12:31:24 ::: TheCommissionerofIncome-tax-I,Nagpur v. VidarbhaIrrigationDevelopmentCorporation
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