9911796707
TMI Blog2012 (7) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... ax v. Paul Brothers [1992 (10) TMI 5 - BOMBAY HIGH COURT] that a deduction could not have been denied in subsequent years without first withdrawing it in the initial year - in favour of assessee. - Writ Petition No.2269 of 2011, 2270 of 2011, 2271 of 2011, 2272 of 2011 - - - Dated:- 5-7-2012 - S J Vazifdar and M S Sanklecha, JJ. For Appellant: Mr S E Dastur, Sr. Counsel, Mr Madhur Agrawal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2002-2003 till the A.Y. 2007-2008 in the proceedings under section 143(3) of the Act. The petitioners were for the first time denied the deduction in A.Y. 2008-2009. 4. Prima-facie this was due to a contrary view having been taken by the A.O. for the A.Y. 2008-2009. It is on the basis thereof that by the impugned notice dated 14.3.2011, the respondent has sought to re-open the assessment for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded. In the latter judgment, one of the submissions on behalf of the petitioner was that a deduction could not have been denied in subsequent years without first withdrawing it in the initial year. The Division Bench followed the judgment of a Division Bench of the Gujarat High Court in Saurashtra Cement Chemical Industries Ltd. vs. Commissioner of Income Tax (1980) 123 ITR 669 , where it was h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he A.Y. 2008-2009 was erroneous inter-alia in view of the judgment in Commissioner of Income Tax v. Paul Brothers. 7. As on date, the order has not been challenged by the department. 8. In the circumstances, the petitioners have made out a strong prima-facie case for interim reliefs. 9. Interim reliefs in terms of prayer (c). Hearing expedited. Liberty to apply for a fixed date in the even ..... X X X X Extracts X X X X X X X X Extracts X X X X
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