LAWS(BOM)-2017-1-232

MALAY N. SANGHVI Vs. INCOME TAX OFFICER

Decided On January 31, 2017
Malay N. Sanghvi Appellant
V/S
INCOME TAX OFFICER Respondents

JUDGEMENT

(1.) This Appeal under Sec. 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 8th Jan., 2014 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 8th Jan., 2014 is in respect of Assessment Year 2009-10.

(2.) The Assessee urges only the following question of law for our consideration:

(3.) This Appeal was on board on 23rd Jan., 2017. During the course of hearing for admission, it was pointed out by the Appellant that the impugned order restricted the deduction under Sec. 80IB of the Act by relying upon Sec. 80IA(10) of the Act. This, without considering the fact that the Appellant's contention that condition precedent for its application, is not present. We were inclined to admit Appeal. However, at that time, it was pointed out that finally this Appeal would need to be restored to the Tribunal for reexamination of the appropriate application of Sec. 80IA(10) of the Act to the present facts. In the above view, it was requested that the Appeal itself could be disposed of at the stage of admission.