Bombay High Court
The Pr. Commissioner Of Income ... vs Spicer India Ltd on 1 October, 2018
Author: B. P. Colabawalla
Bench: S. C. Dharmadhikari, B. P. Colabawalla
36.itxa.269.16..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 269 OF 2016
The Pr. Commissioner of Income Tax-5
Pune ..Appellant
Vs.
Spicer India Ltd ..Respondent
Mr. Suresh Kumar, for the Appellant.
Mr. P. J. Pardiwala, Senior Advocate a/w Mr. Sanjiv M. Shah, for
the Respondent.
CORAM:-S. C. DHARMADHIKARI &
B. P. COLABAWALLA, JJ.
DATE :- OCTOBER 1, 2018.
P. C.:
After having heard both sides and perusing with their Anjali Tushar assistance the order of the Tribunal impugned in this Appeal, we Aswale are of the opinion that this Appeal raises substantial question of Digitally signed by Anjali Tushar Aswale Date: 2018.10.05 law. It is admitted on following substantial question of law:-16:20:37 +0530
"Whether on the facts and circumstances of the case and in law, the ITAT was justified in not appreciating the fact that that the profit shown by the assessee company with its transactions with AE are much higher as compared to the ordinary profit. The assessee has shown higher profit on export as compared to domestic profit because the export profit is Aswale 1/2
36.itxa.269.16..doc exempt u/s 10B of the I. T. Act. Thus there is a clear cut arrangement between the assessee and the AE By which assessee has shown higher profit on exports?
2 The learned counsel for the Assessee waives service. 3 The Registrar (Judicial) / Registrar, High Court, Original Side, Bombay to ensure that the original record in relation to this Appeal is summoned from the Tribunal and offered for inspection of the parties. This paper book is treated sufficient for the purpose of admission of this Appeal. However, the Registry must further ensure preparation of complete paper book in accordance with the Rules. The Registry, in the first instance, must send intimation of admission of this Appeal enclosing therewith a copy of this order so as to enable the Tribunal to act accordingly.
4 To be heard along with Income Tax Appeal No.765 of 2016.
( B. P. COLABAWALLA, J. ) ( S. C. DHARMADHIKARI, J. ) Aswale 2/2