Gujarat High Court
Commissioner Of Income Tax Ahmedabad Iv vs Tej Organisers Pvt on 28 November, 2013
Author: M.R. Shah
Bench: M.R. Shah
COMMISSIONER OF INCOME TAX AHMEDABAD IV....Appellant(s)V/STEJ ORGANISERS PVT LTD....Opponent(s) O/TAXAP/1040/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 1040 of 2013 ============================================= COMMISSIONER OF INCOME TAX AHMEDABAD IV....Appellant(s) Versus TEJ ORGANISERS PVT LTD....Opponent(s) ============================================= Appearance: MR.VARUN K.PATEL, ADVOCATE for the Appellant(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE R.P.DHOLARIA Date : 28/11/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.02.2013 passed by the learned Income Tax Appellate Tribunal in ITA No.2466/Ahd/2012 for the assessment year 2009-10, the revenue has preferred the present tax appeal to consider the following proposed substantial question of law.
A. Whether in the facts and circumstances of the case, the learned ITAT has erred in law in confirming the order of CIT(A) deleting the disallowance of Rs.54,66,397/- under section 40(a)(ia) of the Income Tax Act by holding to the effect that amendment to section 40(a)(ia) of the Income Tax Act by Finance Act, 2010 is having retrospective application?
B. Whether the amendment to Section 40(a)(ia) of the Income Tax Act brought out by Finance Act, 2010 with effect from 01/04/2010 is having retrospective effect?
At the outset, it is required to be noted that the only issue involved in the present Tax Appeal is Whether amendment to Section 40(a)(ia) of the Income Tax Act brought out by Finance Act, 2010 with effect from 01.04.2010 is having retrospective effect or not? The issue is now squarely covered against the revenue by the decision of this Court in group of Tax Appeals, being Tax Appeal No. 412/2013 and allied matters, by which it is held by the Division Bench of this Court that amendment under Section 40(a)(ia) of the Income Tax Act, 1961 brought out by Finance Act, 2010 with effect from 01.04.2010 is having retrospective effect.
In view of the above, the present Tax Appeal deserves to be dismissed as no question of law, much less substantial question of law arises in the present Tax Appeal. Hence, the present Tax Appeal deserves to be dismissed and is accordingly dismissed.
(M.R. SHAH, J.) (R.P. DHOLARIA, J.) Ajay Page 2 of 2