Rajasthan High Court - Jaipur
Padam Chand Dhadda vs Dy Commissioner Of Income Tax on 9 November, 2016
Author: K.S. Jhaveri
Bench: K.S. Jhaveri
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
JUDGMENT
D.B. Income Tax Appeal No.63/2003.
Shri Padam Chand Dhadda, Prop. M/s P.V. Jewellers, Ganesh Bhawan,
Partanion Ka Rasta, Johari Bazar, Jaipur, in the State of Rajasthan.
Vs.
Dy. Commissioner of Income Tax, Circle-1, Jaipur earlier known as
Income Tax Officer, Ward 2(1), Jaipur having its office at New Central
Revenue Building, Statue Circle, Bhagwan Das Road, Jaipur
(Rajasthan).
Date of order : 09.11.2016.
HON'BLE MR. JUSTICE K.S. JHAVERI
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Mr. Siddharth Ranka for the appellant.
Mr. Anuroop Singhi for the respondent.
BY THE COURT:
1. By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has dismissed the appeal of the revenue.
2. While admitting the appeal on 23.04.2003, this court framed the following substantial question of law:
"Whether on the facts and in the circumstances of the case, the learned Tribunal was justified in holding that 90% of gross interest receipts of Rs.3,51,824/- shall be reduced for allowing deduction as per Explanation to Section 80HHC of the I.T. Act and not of net interest of Rs.7,174/-."
3. Counsel for the appellant has contended that in view of the observations which have been made by the Tribunal, the Tribunal has dismissed the appeal but without assigning any reasons, the order of the CIT (Appeals) has been reversed.
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4. We have heard Mr. Ranka for the appellant and Mr. Singhi for the respondent.
5. We deprecate the practice adopted by the Tribunal of dismissing the appeal but practically allow the appeal of the department by making observations therein.
6. In that view of the matter, the issue is answered in favour of the assessee and against the department. The appeal is, accordingly, allowed.
(GOVERDHAN BARDHAR), J. (K.S. JHAVERI), J. bblm