Bombay High Court
The Pr. Commissioner Of Income ... vs Spicer India Ltd on 1 October, 2018
Author: S. C. Dharmadhikari
Bench: S. C. Dharmadhikari
36.ITXA.272.16..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 272 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.
Anjali CORAM:-S. C. DHARMADHIKARI &
Tushar B. P. COLABAWALLA, JJ.
Aswale DATE :- OCTOBER 1, 2018. Digitally signed by Anjali Tushar Aswale P. C.: Date: 2018.10.05 16:19:02 +0530 After having heard both sides and perusing with their
assistance the order of the Tribunal impugned in this Appeal, we are of the opinion that this Appeal raises substantial questions of law. It is admitted on following substantial questions of law:-
"Whether on the facts, circumstances of the case and in law, the Tribunal was justified in not appreciating the fact that that by arranging its affair with the AE, the assessee has inflated the profit in India on which deduction u/s 10B is claimed and assessee has arranged its transaction to evade the taxes and the provisions of sections 10B(7) r.w.s. 80IA(10) are clearly attracted in the assessee's case?
(ii) Whether on the facts and circumstances of the case and in law, the Aswale 1/2
36.ITXA.272.16..doc ITAT was justified in holding that there is no merit in invoking jurisdiction by the Commissioner u/s 263 of the Act in this case?"
2 We do not think that in the light of this order, we should reopen the finding of the Tribunal that Section 263 of the Income Tax Act, 1961 was not attracted.
3 To be heard along with Income Tax Appeal No. 765 of 2016.
4 The learned counsel for the Assessee waives service. 5 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.
( B. P. COLABAWALLA, J. ) ( S. C. DHARMADHIKARI, J. ) Aswale 2/2