The Principal Commissioner of Income-tax v. Western Agri Seeds Ltd - 2020-LL-0127-141

Citation	2020-LL-0127-141
Appellant Name	The Principal Commissioner of Income-tax
Respondent Name	Western Agri Seeds Ltd.
Court	HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act	Income-tax
Date of Order	27/01/2020
Assessment Year	2013-14
Judgment	View Judgment
Keyword Tags	rate difference
Bot Summary:	This Tax Appeal under Section 260A of the Income Tax Act, 1961 is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabad 'B' Bench, dated 27th June 2019 in the ITA No. 2237/Ahd/2017 for the A.Y. 2013-14. The Revenue has proposed following two questions of law for the consideration of this Court : A Whether the Appellate Tribunal is correct, considering the facts and circumstances of the case and in law, in upholding the order of the CIT(A) for deleting disallowance on account of discount and rate difference to Rs.3,67,98,650/- Page 1 of 2 Downloaded on : Fri Jan 31 11:12:20 IST 2020 C/TAXAP/784/2019 ORDER B Whether the Appellate Tribunal is correct, considering the facts and circumstances of the case and in law, in upholding the order of the CIT(A) for deleting disallowances made u/s 40(A)(2)(b) to Rs.1,65,38,800/- 3. We take notice of the fact that in the case of very same assessee for the A.Y. 2010-11, the very same questions of law were proposed in Tax Appeal No. 834 of 2019. This Court declined to admit the Tax Appeal No.834 of 2019 on such proposed questions of law by the Revenue. In view of the order passed in Tax Appeal No.834 of 2019, the Tax Appeal also fails and is hereby dismissed.

IN HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 784 of 2019 PRINCIPAL COMMISSIONER OF INCOME TAX Versus WESTERN AGRI SEEDS LTD. Appearance: MRS MAUNA M BHATT(174) for Appellant(s) No. 1 for Opponent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 27/01/2020 ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This Tax Appeal under Section 260A of Income Tax Act, 1961 (for short, 'the act, 1961') is at instance of Revenue and is directed against order passed by Income Tax Appellate Tribunal, Ahmedabad 'B' Bench, dated 27th June 2019 in ITA No. 2237/Ahd/2017 for A.Y. 2013-14. 2. Revenue has proposed following two questions of law for consideration of this Court : [A] Whether Appellate Tribunal is correct, considering facts and circumstances of case and in law, in upholding order of CIT(A) for deleting disallowance on account of discount and rate difference to Rs.3,67,98,650/-? Page 1 of 2 Downloaded on : Fri Jan 31 11:12:20 IST 2020 C/TAXAP/784/2019 ORDER [B] Whether Appellate Tribunal is correct, considering facts and circumstances of case and in law, in upholding order of CIT(A) for deleting disallowances made u/s 40(A)(2)(b) to Rs.1,65,38,800/-? 3. We take notice of fact that in case of very same assessee for A.Y. 2010-11, very same questions of law were proposed in Tax Appeal No. 834 of 2019. This Court declined to admit Tax Appeal No.834 of 2019 on such proposed questions of law by Revenue. 4. In view of order passed in Tax Appeal No.834 of 2019, Tax Appeal also fails and is hereby dismissed. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) KUMAR ALOK Page 2 of 2 Downloaded on : Fri Jan 31 11:12:20 IST 2020 Principal Commissioner of Income-tax v. Western Agri Seeds Ltd

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