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TMI Blog2014 (11) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... 15-O(1) and 115-O(5) – Held that:- There was no justification for an argument of the Revenue that Section 80M having been deleted from the statute book and with effect from 1st April, 2004 the Commissioner and the Tribunal would not have taken any note thereof nor a judgment of this Court in the case of Godrej Agrovet Ltd. vs. Deputy Commissioner of Income Tax & Another [2010 (2) TMI 27 - BOMBAY H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PEAL NO.1209 OF 2012 - - - Dated:- 5-11-2014 - S.C. DHARMADHIKARI AND A.A. SAYED, JJ. For the Appellant : Mr. Suresh Kumar For the Respondent : Mr. J.D. Mistri, Senior Advocate i/b Mr. Atul Jasani JUDGEMENT 1. This Appeal by the Revenue challenging the concurrent orders run by the Commissioner of Income Tax (Appeals) dated 25th June, 2010 and another of the Income Tax Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05. The total income of the Assessee was determined at Rs. Nil after setting off brought forward loss for the Assessment Year 2000-2001 and 2002-2003. That order of assessment dated 30th November 2005 was subjected to proceedings under section 263 of the Income Tax Act, 1961 and the Commissioner passed an order under that provision on 18th November, 2008 directing the Assessing Officer to reframe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61. In relation to this both the Commissioner and the Tribunal held that it is impossible to take any view other than one taken by this Court s Division Bench in the aforementioned judgment. The Commissioner found himself to be bound by this Judgment and equally the Tribunal. The Commissioner has held that the Assessee received dividend from domestic companies and he had paid dividend of ₹ 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to its applicability. The Tribunal as also the Division Bench of this Court have set out the circumstances, in which these two provisions would operate. Therefore, we do not see any reason to deviate or depart from the binding judgment rendered by this Court. 6. The Appeal does not raise any substantial question of law as the controversy is fully covered by the Division Bench judgment of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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