Commissioner Of Income-Tax vs Goodyear Tyre And Rubber Co.
2000 Latest Caselaw 829 Del

Citation : 2000 Latest Caselaw 829 Del
Judgement Date : 22 August, 2000

Delhi High Court

Commissioner Of Income-Tax vs Goodyear Tyre And Rubber Co. on 22 August, 2000

Equivalent citations: 2001 247 ITR 35 Delhi

Bench: A Pasayat, D Jain

JUDGMENT

1. Heard.

2. At the instance of the Revenue, the following question has been referred under Section 256(1) of the Income-tax Act, 1961 (for short "the Act"), by the Income-tax Appellate Tribunal, Delhi Bench "E" (in short "the Tribunal"), for the opinion of this court :

"Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in allowing deduction under section 80K of the Income-tax Act to the assessed-company ?"

3. In view of the undisputed position vis-a-vis the decision reported in CIT v. Goodyear India Ltd. [1994] 118 Taxation 206 (Delhi) answer to the question referred has to be in the affirmative, in favor of the assessed and against the Revenue. It is to be noted that in the said case entitlement of the company under Section 80J was decided. Additionally, we find that the applications under Section 256(2) of the Act in respect of some of the years involving similar issue have not been accepted.

4. The reference is disposed of accordingly.