THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 739 of 2014 DATE: 31.12.2014 Between:
The Commissioner of Income Tax, Hyderabad.
… Appellant And Hetero Labs Ltd., Hyderabad.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 739 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The appeal is dismissed as the learned Tribunal found that the Commissioner of Income Tax has exercised the jurisdiction under Section 263 of the Income Tax Act on two possible views. By the order, the Commissioner wanted to substitute his views, which is not legally permissible. The learned Tribunal has followed the correct position of law. We do not find any element of law to admit this appeal.
Consequently, pending miscellaneous petitions, if any, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 31st December, 2014 pnb