High CourtsDivision Bench(2012) 01 SHI CK 0084

Commissioner of Income Tax, Shimla vs M/s Ind. Sphinx Precision Ltd.

High Court Of Himachal Pradesh · Decided on 13 January 2012

HON’BLE JUDGES
Rajiv Sharma, J · R.B. Misra, J
RESULT
Disposed Off
CASE NUMBER
ITA No''s. 2, 15, 17, 23 and 24 of 2008

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Judgment

5 paragraphs · 192 words

Rajiv Sharma, Judge

1.

Since common questions of law and facts are involved in all the appeals, the same were taken up together and are being disposed of by a common judgment.

2.

Following common substantial question of law was framed in all these appeals:

Whether the ITAT was correct in holding that the deduction allowable under clause (iv) of the Explanation to Section 115JB of the Income Tax Act inn determining book profits, is to be computed on the basis of the book profits and not on the basis of profits computed under the provisions of the Act, without appreciating the express language of the provision that requires computation of deduction in accordance with specific provisions of Section 80HHC and in accordance with the provisions of the Act?

3.

It is jointly represented by the learned counsel appearing on behalf of the parties that the substantial question of law raised in these appeals is no more res integra, in view of the law laid down by their Lordships of the Hon''ble Supreme Court in Ajanta Pharma Ltd. Vs. Commissioner of Income Tax-9, Mumbai, . Consequently, all the appeals are disposed of.