COMMISSIONER OF INCOME TAX Vs. GANDHINAGAR BOTTLING PVT LTD
LAWS(GJH)-2008-1-48
HIGH COURT OF GUJARAT
Decided on January 29,2008

COMMISSIONER OF INCOME TAX Appellant
VERSUS
GANDHINAGAR BOTTLING PVT.LTD. Respondents

JUDGEMENT

- (1.) THE Income Tax Appellate Tribunal, Ahmedabad Bench-C, has referred the following question at the instance of Revenue under section 256 (1) of the Income Tax Act, 1961 ('the Act' ). "whether, the Appellate Tribunal is right in law and on facts in directing the A. O. To grant benefit of carry forward of loss, when the return was filed late, on a presumption on the part of the assessee that extention of time sought by it might have been granted by the department ?"
(2.) THE assessment year is 1985-86 and the relevant accounting period is 31. 12. 1984. The assessee claimed benefit of carry forward of loss in the return of Income Tax filed by the assessee but the same was not allowed to be carried forward as according to the Assessing Officer the return had not been filed on or before the statutory date for filing the return of Income. The assessee succeeded in appeal before the first Appellate Authority, namely Commissioner, (Appeals ). The Tribunal dismissed the second appeal preferred by the Revenue.
(3.) HEARD Mrs M. M. Bhatt learned Standing Counsel for the applicant " Revenue and Mrs. S. A. Soparkar for the respondent " assessee. It is an admitted position between the parties that the issue raised by the question referred stands answered by the judgment of this Court in the case of Mehsana Ice and Cold Storage P. Ltd. vs. Commissioner of Income Tax, reported in (2005) 275 ITR 601 as well as the decision in the case of Commissioner of Income Tax vs. Swastik Sanitary Works Ltd. , reported in (2006) 286 ITR 544.;


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