Pr.Commissioner Of Income Tax-17 v. Vighnaharta Enterprises

Uday S. Jagtap 184-16-itxa-6=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 184 OF 2016 The Pr. Commissioner of Income Tax-17 .. Appellant v/s.

M/s. Vighnaharta Enterprises ..Respondent Mr. Vipul Bajpayee for the appellant None for the respondent CORAM : M.S. SANKLECHA & SANDEEP K. SHINDE, J.J.

DATED : 1st AUGUST, 2018.

P.C.

1.

This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act) challenges the order dated 7th January, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). This appeal relates to Assessment Year 2006-07.

2.

The Revenue has urged the following substantial question of law :- "Whether on the fact and in the circumstances of the case and in law, the Tribunal was justified to hold that the amendment introduced by the finance Act, 2010 in Section 40(a)(ia) is having retrospective effect?"

Uday Shivaji Jagtap Digitally signed by Uday Shivaji Jagtap Date:

2018.08.03 14:08:06 +0530

Uday S. Jagtap 184-16-itxa-6=.doc 3.

Mr. Bajpayee, learned Counsel appearing for the appellant Revenue very fairly points out that the issue now stands concluded against the Revenue by the decision of the Supreme Court in Commissioner of Income Tax Vs. Calcutta Export Company, 404 ITR 654.

4.

In the above view, the question as proposed does not give rise to any substantial question of law. Thus, not entertained. 5.

The appeal is dismissed. No order as to costs. (SANDEEP K. SHINDE J.) (M.S. SANKLECHA, J.)