M/S. SHANGRILA LATEX INDUSTRIES LIMITED,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX - 4, SURAT
In the result, appeal filed by the assessees is allowed
ITA 38/SRT/2017[2006-07]Status: DisposedITAT Surat28 Sept 2022AY 2006-07
Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.38/Srt/2017 Assessment Year: (2006-07) (Physical Court Hearing) Shangrila Latex Industries Limited, Vs. The Acit, Circle-4, C/O. B.M. Parekh & Co., 203, 2Nd Surat. Floor, Navjivan Society, Bldg. No. 03, Lamington Road, Mumbai-400008. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaics1479E (Appellant) (Respondent) Assessee By Shri Sanjay S. Kapadia, Ca Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 01/07/2022 28/09/2022 Date Of Pronouncement
Section 143(3)Section 147Section 148Section 234BSection 71
…supported by the decision of the judiciary in the following cases wherein it was held as under: In the case of Mohsin Rehman Penkar Vs CIT(1948) 16 ITR 183 (Bom) endorsed by the Supreme Court in the case of C. Ag It Vs. Kerala Estate Mooriad Chalapuram (1986) 161 ITR 155 (SC) that the amount remitted under a settlement even including interest would not have the character of income being capital receipt. The copy of the said decision is enclosed herewith for your ready reference and records. Since the Supreme Court has endorsed the view, we request your good self to kindly consider the said decision before passing…