LAWS(GJH)-2014-1-157

COMMISSIONER OF INCOME TAX Vs. NIRMA LTD.

Decided On January 27, 2014
COMMISSIONER OF INCOME TAX Appellant
V/S
Nirma Ltd. Respondents

JUDGEMENT

(1.) The Revenue is in appeal against the judgment of the Income-tax Appellate Tribunal ("the Tribunal" for short) dated February 28, 2013, raising the following questions for our consideration:

(2.) In so far as question Nos. 2, 5, 7 and 12 are concerned, it is an undisputed position that the issues are covered by a decision of this court in the case of Deputy CIT v. Harjivandas Juthabhai Zaveri,1999 258 ITR 785 in which the court upheld the decision of the Tribunal granting benefit of deduction under section 80I of the Act on various incomes, such as, job work receipt, sale of empty soda ash bardan, sale of empty barrels and plastic waste. Such questions are, therefore, not required to be considered.

(3.) So far as questions Nos. 3, 6, 9 and 15 are concerned, the same are stated to be covered by the decision of this court in the case of Nirma Industries Ltd. v. Deputy CIT, 2006 283 ITR 402 in which the court upheld the assessee's claim for deduction under section 80I of the Act on the interest received on late payment of sale consideration as amount derived from eligible business. These questions are, therefore, not required to be considered.