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Judgment
Heard Learned Counsel on both sides.
Delay condoned.
Leave granted.
By consent, the matter is taken up for final hearing.
The narrow controversy is - whether, on facts and circumstances of this case, the Respondent [assessee herein] was not entitled to deduction in view of the law laid down in the judgment of the Division Bench of this Court in the case of Commissioner of Income Tax, Madurai Vs. Sri Mangayarkarasi Mills (P) Ltd., ?
According to the Learned Counsel appearing on behalf of the Assessee, the judgment of this Court in the case of Sri Mangayarkarasi Mills (P.) Ltd. (supra) does not lay down the law across the board and that the said judgment has to be seen in the facts of each case. We express no opinion on the said submission. Accordingly, we remit this matter to the High Court for de novo consideration in the light of the judgment in the case of Sri Mangayarkarasi Mills (P.) Ltd. (supra) , which has been delivered only on 21-7-2009. The High Court would also consider the tests laid down by this Court in the cases of The Commissioner of Income Tax, Madurai, Vs. Saravana Spinning Mills Pvt. Ltd., and Commissioner of Income Tax Vs. Ramaraju Surgical Cotton Mills, while disposing of this case on merits. We express no opinion on merits.
Subject to what is stated herein, the appeal is allowed with no order as to costs.