Solid Containers Ltd vs The Deputy Commissioner Of Income-Tax on 29 August, 2008
Author: Swatanter Kumar
Bench: Swatanter Kumar , A.P. Deshpande ... CIVIL JURISDICTION
INCOME TAX APPEAL NO.487 OF 2005
M/s. Solid Containers Ltd.
Tiececon House, Dr. E. Moses Road,
Mumbai-400 011. .. Appellant
versus
mixture of hydrocarbons, and any inflammable mixture (liquid, viscous or solid) containing any liquid hydrocarbon; (b) [ "petroleum Class A" means petroleum having a flash-point
mixture of hydrocarbons, and any inflammable mixture (liquid, viscous or solid) containing any liquid hydrocarbon, including crude oil and liquefied petroleum gas, and the expression
Maharashtra General Kamgar Union, ... vs Solid Containers Ltd. And Others on 23 June, 1995
Equivalent citations: 1995(4)BOMCR288, (1996)IILLJ959BOM, 1995(2)MHLJ836
JUDGMENT ... being placed before us, reads as under :
"To
The Manager,
Solid Containers Limited
Vedavli, PO Mohane
Kalyan
Dear Sir
Sub : UNDERTAKING
On resumption
High Court of
Bombay in the case of Solid Containers Ltd. vs DCIT (2009) 178 Taxman
192 (Bom) : (2009) 308 ITR 417 (Bom) where ... decision of
High Court of Bombay in the case of Solid Containers Ltd. (supra) would
not be applicable to the present case.
12. We have
decision of Hon'ble
Jurisdictional High Court of Mumbai in Solid Containers Ltd. Vs. DCIT,
Spl. Range-1, Mumbai (2009) 178 Taxman ... covered by decision of Hon'ble jurisdictional High Court in Solid
Containers (supra) and not in Grahm First Steel (supra); therefore
Sundaram Iyengar (T.V .) and Sons Ltd. 222 ITR 344 (SC)
Solid Containers Ltd. Vs DCIT 308 ITR 417 (Bom)
4. Accordingly, the Commissioner held ... High Court after
considering the decision in case of Solid Containers Ltd. Vs DCIT (supra) has held that the
principle part of the loan waved
Bombay High Court in
the case of Solid Containers Ltd. 308 ITR 417 after elaborate discussion and considering
the decision of Hon'ble Apex ... with this contention.
5. Thereafter he referred to the decision of Solid Containers Ltd. (supra). He
further observed that it is relevant to mention here
Bombay High
Court in the case of Solid Containers Ltd. Vs DCIT 308 ITR 417, which
has rendered the assessment order not only erroneous ... Bombay
High Court in the case of Solid Containers Ltd. (supra) do not apply on
the facts of the case inasmuch as the principal amount
submission of the assessee, the AO referred to
the case of Solid Containers Ltd.(308 ITR 417),delivered by the Hon'ble position High ... under consideration were different
from the facts of the case of Solid Containers as well as the judgement of TV Sundram
Iyengar and Sons