M/S Deepmohini vs. Commissioner Of Income Tax

ITA/96/2012HC Madhya Pradesh21 August 2015Bench: HON'BLE THE CHIEF JUSTICE2 pages

For Petitioner: A.P.ShrivastavaFor Respondent: Shri Sanjay Lal

AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the assessee. The Court stated that for the reasons elaborated in ITA No. 40/2012 and connected cases, which were decided by a separate judgment on the same day, this appeal must also fail. The operative direction was to dismiss the appeal. The specific reasoning for the disallowance of the Section 80IB(10)(a) deduction, as per the separate judgment, is not detailed in this specific order. No issue was expressly left undecided.

What were the facts?

The assessee, M/s Deep Mohini, filed an appeal before the High Court of Madhya Pradesh against the order of the Income Tax Appellate Tribunal (ITAT), Indore Bench. The appeal pertains to Assessment Year 2006-07. The core issue revolves around the disallowance of a deduction claimed by the assessee under Section 80IB(10)(a) of the Income Tax Act, 1961. The High Court heard this appeal alongside other appeals filed by the Revenue which had taken a contrary view to the ITAT's decision. The High Court's decision was reserved on July 21, 2015, and delivered on August 21, 2015.

What were the issues?

1. Whether the Tribunal erred in disallowing the deduction claimed by the assessee under Section 80IB(10)(a) of the Income Tax Act, 1961? Assessee's Contention: The judgment does not record any specific arguments made by the assessee. Revenue's Contention: The judgment does not record any specific arguments made by the Revenue. However, it notes that the Department had filed appeals against the Tribunal's decision, taking a contra view, implying the Revenue likely argued for upholding the disallowance or against the assessee's claim.

Which sections of the Income-tax Act were involved?

Section 80IB(10)(a)

AI-generated summary — verify with the full judgment below

1 HIGH COURT OF MADHYA PRADESH : JABALPUR I.T.A. No.96 of 2012 M/s Deep Mohini

…..Appellant Versus Commissioner of Income Tax

….Respondent ============================================= Coram: Hon’ble Shri Justice A. M. Khanwilkar, Chief Justice Hon’ble Shri Justice K.K.Trivedi, J. ============================================= Shri A.P.Shrivastava with Shri Sapan Usrethe, Advocate for the appellant. Shri Sanjay Lal with Shri Rajesh Pandey, Advocates for the respondent. ============================================= Reserved On : 21.07.2015 Date of Decision : 21.08.2015 J U D G M E N T { 21st August, 2015 } Per: A.M. Khanwilkar, Chief Justice: This appeal by the assessee is against the decision of the Income Tax Appellate Tribunal, Indore Bench, Indore in ITA No.63/Ind/2011 decided on 06.02.2012 pertaining to Assessment Year 2006-07. 2 2. This appeal has been admitted on the substantial question of law with reference to disallowance of deduction claimed by the assessee under Section 80IB (10) (a) of the Income Tax Act, 1961. This appeal was heard along with other appeals filed by the Department against the decision of the Tribunal which had taken a contra view. 3. For the reasons stated in I.T.A.No.40/2012 and connected cases decided today by a separate judgment, this appeal must fail and is, therefore, dismissed. (A.M. Khanwilkar) (K.K.Trivedi) Chief Justice Judge psm

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