DDIT, DEHRADUN vs. M/S. SMITH INTERNATIONAL INC., DEHRADUN
In the result, both the appeals of the assessee are allowed and both the appeals of the Revenue are dismissed
ITA 3909/DEL/2014[2010-11]Status: DisposedITAT Dehradun10 Nov 2021AY 2010-11
Bench: Sh. Amit Shukladr. B. R. R. Kumarita No. 4561/Del/2013 : Asstt. Year : 2009-10 Ita No. 3824/Del/2014 : Asstt. Year : 2010-11 Smith International Inc., Vs Adit, 806-807, Powai Plaza, Central International Taxation, Avenue, Hiranandani Garden, Dehradun Powai, Mumbai-400076 (Appellant) (Respondent) Pan No. Aahcs3148R
For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. T. S. Mapwal, Sr. DR
Section 115ASection 143Section 293ASection 42Section 44ASection 44BSection 44D
…n which falls' for consideration of this court is as to whether the question regarding applicability of rule 72 of the Rules in relation to the present lease is concluded by the earlier decision of this court rendered in Prem Nath Sharma v. State of UP [1997] 4 SCC 552; 1997 AIR SCW 2121; AIR 1997 2252; (1997) A U1201. From a bare perusal of the said judgment of this court it would be clear that the question as to whether rule 72 was applicable or not was ITA Nos. 4561 & 4651/Del/2013 Smith International Inc. never canvassed before this court and the only question which was considered was whether there was viola…