Assistant Commissioner of Income Tax vs Prithviraj Bhoorchand

Anil R. Dave, J.—In this appeal, the following substantial question of law had been framed by this Court at the time of admission of the appeal:

Whether the appellate Tribunal is right in law and on facts in directing to allow deduction u/s 80-I of the Income Tax Act?

We have heard learned advocate Shri Bharat Naik appearing for the appellant and learned advocate Shri M.J. Shah appearing for the respondent.

The aforestated question, which has been involved in this appeal, is no more res integra as it has been already decided in the case of the assessee himself that the Tribunal was right in law and on fact in directing the department to allow deduction under the provisions of Section 80-I of the Income Tax Act, as more than twenty persons were working under control of the assessee in the industrial undertaking of the assessee.

Looking to the law laid down in the case of Commissioner of Income Tax Vs. Prithviraj Bhoorchand, , we answer the question in the affirmative i.e., in favour of the assessee and against the revenue.

The appeal is dismissed with no order as to costs.