NIKO RESOURCES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Learned advocate Mrs. Mauna Bhatt waives service of notice of rule for the respondents.

(2.) The only short question that arises for our consideration in this petition is, whether, the Assistant Director of Income-tax (Intl. Taxn.), Ahmedabad, could have, while giving effect to the order of the ITAT, Ahmedabad, dated 1. 8. 2008 in the matter of Niko Resources Limited (petitioner herein) for Assessment Year 2002-03, taken a view that a claim allowed by the ITAT, Ahmedabad under Section 80ib (9) of the Income-Tax Act, could not have been allowed, unless a revised return of income-tax is filed by the petitioner.

(3.) We have heard learned Senior Advocate Mr. Percy Pardiwala appearing for learned advocate Mr. Hardik Modh for the petitioner, and learned Senior Advocate Mr. M. R. Bhatt appearing for learned advocate Mrs. Mauna Bhatt for the respondents.