COMMISSIONER OF INCOME TAX Vs. JYOTI PRAKASH DUTTA

JUDGEMENT

(1.) It is unfortunate that the Revenue files Appeals year after year pertaining to the same Assessee and raising the same issues and questions which have been raised earlier duly considered and have not been answered in favour of the Revenue by this Court.

(2.) This is one more instance of the Revenue urging before this Court that firstly a film production unit or a Company is not an industrial undertaking within the meaning of section 80IB of the Income Tax Act 1961 (for short the said Act). Assuming it is so and conceding that position, in so far as the present Assessee is concerned, now it is urged that the Assessee does not fulfill the condition which would make it eligible or qualified for deduction in terms of the above provisions.

(3.) In this Appeal, which impugns the order of the Tribunal dated 2nd November 2011 for assessment year 2007-08, all that the Tribunal has done is to maintain and uphold the view of the Commissioner of Income Tax (Appeals). The Commissioner followed the order passed by the Tribunal in relation to the very Assessee for the assessment years 1998-99, 2001-02. In upholding the claim of the Assessee, the Commissioner also applies the law laid down by this Court in the case of CIT v/s D.K. Kondke, 1991 192 ITR 128.