Commissioner Of Income Tax Delhi - ... vs Dharam Pal Prem Chand Ltd.
2008 Latest Caselaw 2104 Del

*               HIGH COURT OF DELHI : NEW DELHI

+                           ITA 83/2008

%                     Judgment reserved on: 26.08.2008
                      Judgment delivered on:27.11.2008

COMMISSIONER OF INCOME TAX DELHI-IV       ..... Appellant
                            Through : Ms. Prem Lata
                                     Bansal, Advocate

                                 Versus


DHARAM PAL PREM CHAND LTD.                            ..... Respondent
                                          Through : Mr.B.Gupta &
                                                    Mr.R.K.Chaufla,
                                                   Advocates
CORAM :-

HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE RAJIV SHAKDHER

1. Whether the Reporters of local papers may
   be allowed to see the judgment ?

2. To be referred to Reporters or not ?

3. Whether the judgment should be reported
   in the Digest ?

Rajiv Shakdher, J.

1. This is an appeal under Section 260A of the Income Tax Act

(hereinafter referred to in short as the 'Act') preferred by the Revenue

against judgment dated 19.1.2007 passed by the Income Tax Appellate

Tribunal (hereinafter referred to in short as the 'Tribunal') in ITA No.

3905/Del/2004, in respect of, the assessment year 2001-02.

ITA 83/2008                                             1 of 2
 1.1    The issue in the appeal pertains to allowance of deduction under

Section 80-IB of the Act on an income which, according to the

Revenue, arose to the respondent/assessee from its industrial

undertaking located in Agartala unit, due to refund of excise duty

amounting to Rs 24,87,81,499/- and not by way of a profit derived

from 'any business' of the said industrial undertaking.

2. The aforesaid issue had come up for consideration before the

Tribunal in the preceding assessment year i.e., 2000-01 in ITA No.

4031/Del/2003. The Tribunal, by an order dated 31.1.2006 had

dismissed the appeal of the Revenue. The Tribunal, in assessment

year, under consideration in the present appeal i.e., assessment year

2001-02, followed its own order passed in assessment year 2000-01.

Resultantly, the Tribunal dismissed the appeal of the Revenue based

on its order passed in the preceding year.

3. Against the order dated 31.1.2006 the Revenue had preferred an

appeal being Appeal No. 1441/2006 to this Court. By an order passed

today, in ITA No. 1441/2006, we have dismissed the appeal of the

Revenue. Consequently, the present appeal is dismissed.

                                          RAJIV SHAKDHER, J



November 27, 2008                         BADAR DURREZ AHMED, J.
mb


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