DIRECTOR OF INCOME TAX Vs. INFRASOFT LTD

JUDGEMENT

(1.) This is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the "Act") filed by the Revenue impugning order dated 19.12.2008 passed by the Income Tax Appellate Tribunal, (hereinafter referred to as "ITAT")

(2.) Vide order dated 20.10.2009, the following substantial questions of law were framed:

(3.) On 03.07.2013, the counsel for the respondent Assessee submitted that he was not relying upon Section 9(1)(vi) of the Income Tax Act and in view of the statement made by the counsel, we on 03.07.2013 held that Explanation 4 to Section 9(1)(vi) of the Income Tax Act, 1961 need not be examined and applied. Reference was also made to the judgment of the Supreme Court in UNION OF INDIA VS. AZADI BACHAO ANDOLAN, 2003 263 ITR 706. In view of what transpired on 03.07.2013, with respect to the examination and applicability of Section 4 to Section 9(1)(vi), the second issue framed on 20.10.2009, does not arise for consideration and is thus not dealt with in the present judgment. The substantial Question of law framed on 20.10.2009 was recast as under: