Commissioner of Income Tax v. Modern Engineers Constructions Co-Op. Society Ltd., (SC) BS901816
SUPREME COURT OF INDIA

Before:-S.H. Kapadia, Aftab Alam and Swatanter Kumar, JJ.

Civil Appeal No. 3478 of 2008. D/d. 12.1.2010.

Commissioner of Income Tax - Appellant

Versus

Modern Engineers Constructions Co-Op. Society Ltd. - Respondent

For the Appellant:- V. Shekhar with Mukul Gupta, Fuzail A. Ayyubi and B.V. Balaram Das, Advocates.

For the Respondent:- Bhargava V. Desai, Advocate.

Income Tax Act, 1961 Section 80P(2)(a)(i)

Case Referred :-

Commissioner of Income Tax v. Ponni Sugars & Chemicals Ltd., (2008) 219 CTR (SC) 105 : (2008) 13 DTR (SC) 1 : (2008) 9 SCC 337.

ORDER

S.H. Kapadia, J. - Heard learned counsel on both sides.

2. The issue involved in this case is squarely covered by the judgment of this Court in the case of Commissioner of Income Tax v. Ponni Sugars & Chemicals Ltd., (2008) 219 CTR (SC) 105 : (2008) 13 DTR (SC) 1 : (2008) 9 SCC 337. Accordingly, the matter stands remitted to the Tribunal for de novo consideration in accordance with law as laid down by this Court in Ponni Sugars & Chemicals Ltd. (supra). On the merits of the case, it is made clear that all the contentions of the parties are expressly kept open.

3. The civil appeal, accordingly, stands disposed of with no order as to costs.

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