(PER : HONOURABLE MR.JUSTICE M.R. SHAH) Aggrieved by the order of the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal ) dated 14/12/2012, this Tax Appeal is preferred by the revenue under Section 260A of the Income Tax Act (hereinafter referred to as the Act ).
The following substantial question of law is raised for our consideration;
Whether on the facts and in the circumstances of the case, Tribunal was right in law in allowing deduction of Rs.5,87,025/- claimed by the assessee under Section 80IB(10) of the Act without appreciating that the legal relationship between the assessee and the end user of the units was that of work contract ?
Having heard learned advocate, Mr. Parikh, for the revenue and having examined the material on record, we notice that the issue is no more res integra. In the case of Commissioner of Income-Tax Vs. Radhe Developers reported in [2012] 341 ITR 403 (Guj.), this Court has decided this very question in favour of the assessee and thus has attained finality, which is not disputed by the learned Counsel, Shri Parikh, appearing on behalf of the revenue.
Resultantly, this Tax Appeal does not deserve further consideration on merits & the same is dismissed.
(M.R.SHAH, J.) (MS SONIA GOKANI, J.) Siji Page 2 of 2