Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1604 - HC - Income TaxTaxability of subsidy - scheme for grant of subsidy to Marathi feature films - capital receipt or revenue receipt - Challenge to proviso to Rule 9A of the Income Tax Rules, 1962 as ultra vires - Held that:- In the light of the above submissions of Mr. Naniwadekar and the position in law emerging from the discussion in the foregoing paragraphs, we are of the view that interest of justice would be served by not examining presently the issue of constitutional validity and legality of the provisio to Rule 9A. In the event, the Commissioner passes an order which is adverse to the interest of the petitioner, then, while challenging it in Appeal before the Tribunal, the petitioner can rely upon the view taken by the Tribunal in several cases after introduction of the proviso. The petitioner can persuade the Tribunal to pass an order consistent with its earlier views and, in the event, the facts and circumstances are found to be identical, we have no doubt in our mind that the Tribunal will render a judgment in accordance with law. While rendering such a judgment, it will note the rival contentions and equally make reference to the earlier views of the Tribunal. All this would emerge in the speaking order.
|