M/S.Vijay Udyog,Akola vs Commmissioner Of ...
2016 Latest Caselaw 78 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

                             NAGPUR BENCH : N A G P U R.




                                                           
     INCOME TAX REFERENCE Nos. 1 OF 1997, 2 of 2002 & 7 of 2002

    (1) ITR No. 1/97




                                                          
    M/s Vijay Udyog,
    Akola.                                            ....    APPLICANT.




                                            
                  -VERSUS -

    Commissioner of Income Tax,  
    Vidarbha, Nagpur.                                ....     RESPONDENT.
                                
    (2) ITR No. 2/02

    M/s Vijay Udyog,
    Akola.                                            ....    APPLICANT.
      


                  -VERSUS -
   



    Commissioner of Income Tax,
    Vidarbha, Nagpur.                                ....     RESPONDENT.

    (3) ITR No. 7/02





    M/s Vijay Udyog,
    Akola.                                            ....    APPLICANT.





                  -VERSUS -

    Commissioner of Income Tax,
    Vidarbha, Nagpur.                                ....     RESPONDENT.

                           ....
    Mr. Kishor Dewani Advocate for the Applicant in all the Reference.
    Mr. Anand Parchure with Advocate Bhoot for the Respondent in all the Reference.




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                     CORAM : B.P. Dharmadhikari & V.M. Deshpande, JJ.

DATED : 25th February, 2016.

ORAL JUDGMENT : (Per B.P. Dharmadhikari, J.) :

Heard Advocate Dewani for the assessee and Advocate

Parchure with Advocate Bhoot for the respondent/assessee.

2. Following question has been referred to this Court under

Section 256(1) of Income Tax Act, 1961 at the instance of assessee.

"Whether on the facts and in the circumstances of the case,

the assessee is entitled to deduction under Section 80-I of the

Income Tax Act, 1961?"

3. It is seen that this question has been referred to also in ITR

No. 2/02 and 7/02. The said question has been referred for assessment

year 1987-88 and 1988-89.

4. Perusal of statement of case itself shows that by following its

earlier view for the assessment year 1983-84, the assessee is not found

eligible for the said deduction. The said view insofar as assessment year

1983-84 is concerned has been looked into by this Court in ITR No. 19 of

1993. The Reference has been decided on 09.04.2015 and one of us

(Justice B.P. Dharmadhikari) was a party to that judgment. This court has

found assessee eligible for said deduction. It is apparent that the present

Reference proceedings are covered by the judgment dated 09.4.2015 in

ITR No. 19/93. Accordingly, we find that assessee is entitled to deduction

under Section 80-I of the Act. The question is thus answered in favour of

assessee.

                                 JUDGE                     JUDGE
                                
                               
      
   



     /TA/