Gauhati High Court
Commissioner Of Income Tax vs M/S. Pioneer Carbide [P] Ltd on 6 June, 2016
Author: Suman Shyam
Bench: Suman Shyam
ITA 12 of 2016
BEFORE
HON'BLE MR. JUSTICE AJIT SINGH, THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUMAN SHYAM
06.06.2016
(Ajit Singh, C.J.)
Mr. S Sharma, learned counsel for the appellant.
Heard on admission.
This appeal under Section 260(A) of the Income Tax Act, 1961 is
directed against order dated 20.11.2013 passed by the Income Tax Appellate
Tribunal, Guwahati Bench, whereby it has allowed respondent's ITA
No.426/Gau/2013 for the Assessment Year 2008-09.
2. The respondent had filed its return of Income for the assessment year 2008-09. The Respondent claimed and received deduction of Rs. 7,70,885/- under Section 80IC of the Income Tax Act, 1961 on the profits and gains of business in respect of Transport Subsidy. But the same was disallowed by the Assessing Officer vide order dated 31.12.2010. Aggrieved, the respondent preferred appeal before the Commissioner of Income Tax (Appeals), Shillong, who, vide order dated 4.3.2013 has dismissed the same. Thereafter, the respondent filed appeal before the Income Tax Appellate Tribunal, Guwahati Bench, which has been allowed by the impugned order dated 20.11.2013. It is against this order, the Revenue has filed the present appeal.
3. It is not disputed by the learned counsel for the appellant that recently the Supreme Court of India vide order dated 9.3.2016 in a bunch of appeals including Civil Appeal No.7622 of 2014 has held that deduction in respect of subsidy is permissible under law.
4. We, therefore, having regard to the settled legal position in the matter, find no justification to admit the appeal.
The appeal is accordingly dismissed.
JUDGE CHIEF JUSTICE
skd
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