CIT Vs. MODI XEROX INDIA LTD.

JUDGEMENT

(1.) THE revenue claims to be aggrieved by the order of the Income Tax Appellate Tribunal (ITAT) dated 13.06.2008 in ITA No. 3116/(ASR)/2004.

(2.) THE appeal was disposed of on an earlier occasion, on 01.02.2011, on the basis of a direction to the revenue to approach the Income Tax Appellate Tribunal (ITAT) again by reframing the questions urged. The order permitted the withdrawal of the appeal, ITA Nos. 1319 -21/2009 and permitted the revenue to amend the questions of law. It is in these circumstances that the present common appeal has been filed.

(3.) THE Court has considered the submissions and is of the opinion that having regard to the judgment of the Allahabad High Court in ITA 30/2001 dated 15.04.2010 (Commissioner of Income Tax v. M/s. Modi Xerox Ltd.), question nos.(c), (d) and (e) do not arise. The finding of the Allahabad High Court in this regard for the assessment year 1991 -92 is as follows: