The Commissioner of Income Tax (Central) v. Padmini Technologies Ltd.

Delhi High Court · 14 Sep 2011 · 2011:DHC:4702-DB
Sanjay Kishan Kaul; Rajiv Shakdher
ITA No.1098/2007
2011:DHC:4702-DB
tax appeal_dismissed

AI Summary

The Delhi High Court dismissed the revenue's appeal, upholding the Tribunal's allowance of a deduction under section 80HHC of the Income Tax Act for the assessment year 1998-1999, following an identical prior decision.

Full Text
Translation output
ITA No.1098-2007 HIGH COURT OF DELHI
JUDGMENT
reserved on : 08.09.2011
Judgment delivered on: 14.09.2011 ITA No.1098/2007
The Commissioner of Income Tax (Central) ...... Appellant
Vs
Padmini Technologies Ltd. .......Respondent Advocates who appeared in this case:
For the Appellant : Ms. Surushi Aggarwal For the Respondent : Mr.S.K. Aggarwal
CORAM :-
HON’BLE MR JUSTICE SANJAY KISHAN KAUL
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. The appeal pertains to assessment year 1998-1999. Both the counsel for the revenue as well as the assessee agree that only one issue arises for consideration which is:- ‘Whether the Tribunal mis-directed itself in allowing a deduction in the sum of Rs.6.80 Crores to the assessee under section 80 HHC of the Income Tax Act, 1961. 2011:DHC:4702-DB ITA No.1098-2007

2. It is also not disputed by the counsels before us that the decision in respect of this issue will be governed by the view taken by us in respect of an identical issue in ITA No.1265/2007.

3. Since we have taken a view in ITA No.1265/2007 that no question of law requires to be framed, this appeal would follow the same fate. It is ordered accordingly. The appeal of the revenue is thus dismissed.

RAJIV SHAKDHER, J SANJAY KISHAN KAUL,J SEPTEMBER 14, 2011 yg