LAWS(BOM)-2014-12-6

COMMISSIONER OF INCOME TAX Vs. SULZER INDIA LIMITED

Decided On December 05, 2014
COMMISSIONER OF INCOME TAX Appellant
V/S
Sulzer India Limited Respondents

JUDGEMENT

(1.) These Appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (for short "the I.T. Act") challenge the order dated 7th September, 2012 (in ITXA/450/2013) of the Income Tax Appellate Tribunal (ITAT), Bench at Mumbai. The Tribunal dealt with two Appeals, one by the Assistant Commissioner of Income Tax, 8(III), Mumbai being Income Tax Appeal No. 2871/Mum/2007 and another by the Assessee being Income Tax Appeal No. 2944/Mum/2007. The assessment year is 200304.

(2.) Mr. Gupta, the learned Senior Counsel submits that the Appeals raise substantial questions of law and as formulated at page 8 of the paper book (ITXA/450/2013). In all fairness to him, he has also invited our attention to the orders passed by a Division Bench of this Court in Income Tax Appeal No. 1777 of 2011, Income Tax Appeal No.2016 of 2011, Income Tax Appeal No. 358 of 2012 and Income Tax Appeal No. 271 of 2012, wherein, according to him, similar question has been admitted. He submits that therefore, the Appeals be admitted.

(3.) Since Mr. Gupta has referred to the facts in Income Tax Appeal No. 450 of 2013, we would prefer to state them in brief.