2017 (2) TMI 388

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..... f the Act stands concluded in favour of the respondent – assessee. See Commissioner of Income Tax Vs. Sulzer India Ltd. and Others [2014 (12) TMI 267 - BOMBAY HIGH COURT]. - Income Tax Appeal No. 51 of 2014 - - - Dated:- 27-6-2016 - M. S. Sanklecha And A. K. Menon , JJ. Mr. Arvind Pinto for the appellant Mr. Atul Jasani for the respondent ORDER P. C. 1. This Appeal under .....

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..... #39;s appeal against the order of the Special Bench in Sulzer India Ltd. (supra) was dismissed by this Court being Commissioner of Income Tax Vs. Sulzer India Ltd. and Others 369 ITR 717. Accordingly, as the benefit on account of premature payment of deferred sales tax being on Capital Account and cannot be considered as income under Section 41(1) of the Act stands concluded in favour of the respo .....

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