METALDYNE INDUSTRIES LTD., JAMSHEDPUR Vs. COMMISSIONER OF INCOME TAX, JAMSHEDPUR
LAWS(JHAR)-2012-6-88
HIGH COURT OF JHARKHAND
Decided on June 29,2012

Metaldyne Industries Ltd., Jamshedpur Appellant
VERSUS
Commissioner Of Income Tax, Jamshedpur Respondents

JUDGEMENT

- (1.) This appeal, under Section 260A of the Income Tax Act, 1961 has been filed against the order dated 30.12.2009, passed by Income Tax Appellate Tribunal (Circuit Bench, Ranchi) in Income Tax Appeal bearing I.T.A.Nos. 165/Ran/2008 and 205/Ran/2008 for the assessment year 2004-05. Mr. Binod Poddar, Senior Advocate, appearing for the appellant (referred as the assessee), submits that the assessee is not in a position to comply the order passed on 22.6.2012 in this appeal.
(2.) Then in support of this appeal, he submitted as follows : i). The income from sale of scrap reduced the cost of production and thereby the income from sale of scrap increased the export income ii) Instead of remanding the matter only on one aspect, the entire matter should have been remanded by the Tribunal. iii). The Audit Report was not considered either by the Assessing Officer or by the appellate authority or by the Tribunal. iv) It does not appear from the order of the Tribunal that the judgments produced before it were considered.
(3.) It appears that against the order of assessment, the assessee as well as the Revenue preferred appeals on certain aspects before the Commissioner of Income Tax (Appeals), Jamshedpur (CIT(A) for short). Against the appellate order, both the parties moved the Tribunal on those aspects.;


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