COMMR.OF INCOME TA II vs. M/S INFOTECH ENTERPRISES (P) LTD.
What did the High Court hold?
The Tribunal disposed of the appeals in terms of a previous Division Bench judgment of the same court. This judgment had relied on a Supreme Court ruling, indicating a settled legal position.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) was considering several appeals. The Income Tax Department's counsel submitted that the issues were no longer res integra due to a Supreme Court judgment.
What were the issues?
The primary issue was whether the appeals could be disposed of based on a Supreme Court judgment that had settled the matter. The appeals were decided based on this precedent.
AI-generated summary — verify with the full judgment below
THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.G.SHANKAR
I.T.T.A.Nos.101, 212 and 279 of 2003 AND I.T.T.A.Nos.15 and 110 of 2004
DT.24-04-2012 Between: … Appellant And
… Respondents Counsel for the Appellant: Sri
Counsel for respondent: Sri The Court made the following Judgment:
THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.G.SHANKAR
I.T.T.A.Nos.101, 212 and 279 of 2003 AND I.T.T.A.Nos.15 and 110 of 2004
COMMON JUDGMENT: Per Hon’ble Sri Justice V.Eswaraiah)
Sri J.V.Prasad, the learned Standing Counsel for Income Tax submits that the above appeals are covered by the Division Bench Judgment of this Court dated 13-3-2012 in I.T.T.A.Nos.433 of 2011 and batch wherein the Division Bench disposed of the appeals observing that the issue raised was no longer res integra in view of the Judgment of the Hon’ble Supreme Court in ACG Associated Capsules Pvt. Ltd., (Formerly Associated Capsules Pvt. Ltd.) v. The Commissioner of Income Tax[1] and the present appeals also be disposed in terms of the Judgment of this Court in I.T.T.A.Nos.433 of 2011 and batch. In view of the above submission Sri J.V.Prasad, the learned Standing Counsel for Income tax, the appeals are accordingly disposed of in terms of the Judgment of this Court dated 13-3-2012 in I.T.T.A.Nos.433 of 2011 and batch. No costs. ______________ V. ESWARAIAH,J
_______________ K.G.SHANKAR,J Date: 24-04-2012 grk
THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.G.SHANKAR
(The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) I.T.T.A.Nos.101, 212 and 279 of 2003 AND I.T.T.A.Nos.15 and 110 of 2004
DT.24-04-2012
[1] 2012 (2) SCALE 374
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