KALINDI INVESTMENTS PVT. LTD. vs. COMMISSIONER OF INCOME TAX

ITR/262/1984HC GujaratGJHC24011927198406 April 1999Author: HONOURABLE MR. JUSTICE R.BALIA,HONOURABLE MR. JUSTICE ANIL R. DAVE2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Gujarat held that the question of law regarding the withdrawal of development rebate was answered in favour of the revenue and against the assessee. This decision was based on a previous judgment of the same court in the assessee's own case, Kalindi Investments (P) Ltd. vs. CIT, reported in 213 ITR 207. The court followed its prior ruling, affirming that the development rebate originally granted was indeed properly withdrawn. The ratio decidendi is that a prior decision of the High Court on the same issue binds subsequent proceedings involving the same assessee. The operative direction was to answer the question affirmatively in favour of the revenue. No issue was left undecided.

What were the facts?

The assessee, Kalindi Investments Pvt. Ltd., is challenging an order of the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench C. The dispute pertains to the assessment years 1965-66 to 1969-70. The ITAT had referred a question of law to the High Court of Gujarat at Ahmedabad concerning the withdrawal of development rebate. The procedural history involves appeals before the ITAT (ITA Nos. 1347 to 1351 of 1982) which led to the reference. The amount in dispute is not explicitly stated.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the Development Rebate originally granted was properly withdrawn? (Question of law) Assessee's contention: The assessee's counsel stated that in the assessee's own case, this court in Kalindi Investments (P) Ltd. vs. CIT 213 ITR 207, had answered the aforesaid question against the assessee and in favour of the revenue. No other arguments were recorded for the assessee. Revenue's contention: The revenue's arguments were not recorded in the judgment. However, the court's decision implies the revenue's position was that the withdrawal of development rebate was proper.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

INCOME TAX REFERENCE No 262 of 1984

For Approval and Signature:

Hon'ble MR.JUSTICE R.BALIA. and MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements?

2.

To be referred to the Reporter or not?

3.

Whether Their Lordships wish to see the fair copy of the judgement?

4.

Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5.

Whether it is to be circulated to the Civil Judge?

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The order continues below.

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