Commissioner Of Income-Tax vs Sandeep Jhalani
2000 Latest Caselaw 815 Del

Citation : 2000 Latest Caselaw 815 Del
Judgement Date : 21 August, 2000

Delhi High Court

Commissioner Of Income-Tax vs Sandeep Jhalani on 21 August, 2000

Equivalent citations: 2000 246 ITR 779 Delhi

Bench: A Pasayat, D Jain

JUDGMENT

1. Heard learned counsel for the Revenue.

2. At the instance of the Revenue, the following question has been referred for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 :

"Whether, on the facts and in the circumstance of the case, the Tribunal was correct in law in holding that the dividend received by the assessee from Gedore Tools (India) Pvt. Ltd. is entitled to relief under Section 80K of the Income-tax Act, 1961, for the assessment year 1972-73 ?"

3. It is accepted that in CIT v. Gedore Tools India Pvt. Ltd. , relief under Section 80J of the Act has been allowed. That being the position, the dividend received by the assessee is entitled to relief under Section 80K of the Act. The answer to the question is, therefore, in the affirmative, in favour of the assessee and against the Revenue.

4. Reference stands disposed of accordingly.