The Principal Commissioner of Income-tax-6, Mumbai v. Dharti Investments & Holdings Ltd
[Citation -2017-LL-1205-17]

Citation 2017-LL-1205-17
Appellant Name The Principal Commissioner of Income-tax-6, Mumbai
Respondent Name Dharti Investments & Holdings Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 05/12/2017
Judgment View Judgment
Keyword Tags question of law • disallowance of expenditure
Bot Summary: Mr.A.R.Malhotra for the Appellant. The question of law pressed into service by the learned counsel appearing for the appellant reads thus : Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding the ground of Revenue as infructuous and not considering the fact that the CIT erred in confirming the addition under section 14A of the Income Tax Act to the extent of Rs.2.66 crores, relying on the judgment of this Court in the case of Godrej and Boyce Mfg. Co. Ltd. 328 ITR 81, without appreciating the fact that the above judgment of this Court has not been accepted by the Revenue and SLP has been filed against it ::: Uploaded on - 08/12/2017 ::: Downloaded on - 11/12/2017 09:24:38 ::: 2 46.ia1347. It is not in dispute that the SLP filed by the revenue against the decision of this Court in Godrej and Boyce Mfg. Co.Ltd. has been dismissed. This Court is bound by the decision in the case of Godrej and Boyce Mfg. Co. Ltd. Hence, no substantial question of law arises, hence the appeal is dismissed.


IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1347 OF 2015 Principal Commissioner of Income Tax-6, Mumbai .. Appellant. Vs. M/s.Dharti Investments & Holdings Ltd. .. Respondent. Mr.A.R.Malhotra for Appellant. Mr.Gautam Thacker i/b Mint & Conferers for Respondent. CORAM : A.S. OKA & A.K. MENON, JJ. DATED : 5TH DECEMBER, 2017 P.C. 1. Heard learned counsel for parties. 2. question of law pressed into service by learned counsel appearing for appellant reads thus : (A) Whether, on facts and in circumstances of case and in law, Tribunal was justified in holding ground of Revenue as infructuous and not considering fact that CIT (A) erred in confirming addition under section 14A of Income Tax Act to extent of Rs.2.66 crores, relying on judgment of this Court in case of Godrej and Boyce Mfg. Co. Ltd. (2010) 328 ITR 81, without appreciating fact that above judgment of this Court has not been accepted by Revenue and SLP has been filed against it ? ::: Uploaded on - 08/12/2017 ::: Downloaded on - 11/12/2017 09:24:38 ::: 2 46.ia1347.15 3. It is not in dispute that SLP filed by revenue against decision of this Court in Godrej and Boyce Mfg. Co.Ltd. (supra) has been dismissed. This Court is bound by decision in case of Godrej and Boyce Mfg. Co. Ltd. (supra). Hence, no substantial question of law arises, hence appeal is dismissed. (A.K. MENON, J.) (A.S. OKA, J.) ::: Uploaded on - 08/12/2017 ::: Downloaded on - 11/12/2017 09:24:38 ::: Principal Commissioner of Income-tax-6, Mumbai v. Dharti Investments & Holdings Ltd
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