Bombay High Court
The Pr. Commissioner Of Income Tax-9 vs M/S. Genesys International ... on 6 March, 2019
Bench: Akil Kureshi, M.S. Sanklecha
5. os itxa 1846-16.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
INCOME TAX APPEAL NO. 1846 OF 2016
Pr. Commissioner of Income Tax -9 .. Appellant
Versus
M/s. Genesys International Corporation Ltd .. Respondent
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Mr. Tejveer Singh for the Appellant
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CORAM : AKIL KURESHI &
M.S. SANKLECHA, JJ.
DATE : MARCH 6, 2019.
P.C.:
1. Heard.
2. The appeal is admitted for consideration of following substantial question of law:
"(i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that in spite of the omission of the words 10A and 10B in Explanation 1(f) and (ii) of Section 115JB by Finance Act, 2007 w.e.f. 1.4.2008, the assessee will not be liable for tax u/s 115JB of the Act as its unit is in the Special Economic Zone and hence, its case is covered within the exemption provided in clause (6) of Section 115JB of the Act?
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5. os itxa 1846-16.doc
(ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the assessee's 10A profit is not liable for tax u/s 115JB of the Act in view of clause (6) thereof, without appreciating that clause (6) has been inserted by the Special Economic Zones Act 2005, w.e.f. 10.02.2006 concurrently with the insertion of Section 10AA, also by the Special Economic Zones Act, 2005 w.e.f. 10.02.2006 and hence, clause (6) of Section 115JB is applicable only to 10AA units and not to 10A units since due to the amendment in clauses (f) and (ii) of Explanation 1 of Section 115JB by Finance Act, 2007, profit/loss of 10A and 10B units has been expressly brought within the purview of MAT?"
3. Registry is directed to communicate copy of this order to the Tribunal. This would enable the Tribunal to keep papers and the proceedings relating to the present appeal available, to be produced when sought for by the Court.
4. To be heard along with Income Tax Appeal No. 676 of 2013 and connected appeals.
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