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December 2022

38. MA filed on the ground that the Revenue has filed an appeal u/s 260A of the Act with the Bombay High Court in the case on which reliance was placed while deciding the appeal and also in view of subsequent SC order dismissed.

By Jagdish Punjabi, Chartered Accountant
Devendra Jain, Advocate
Reading Time 2 mins
DCIT vs. Cipla Ltd.
MA No. 177/Mum./2022 in
ITA No. 1219/Mum./2018
A.Y.: 2010-11
Date of order: 19th September, 2022
Section: 254

38. MA filed on the ground that the Revenue has filed an appeal u/s 260A of the Act with the Bombay High Court in the case on which reliance was placed while deciding the appeal and also in view of subsequent SC order dismissed.

FACTS

The appeal of the assessee against the order of lower authorities disallowing claim u/s 37(1) was allowed by the Tribunal vide order dated 20th September, 2021 by relying on the decision of the jurisdictional bench of the Tribunal in Aristro Pharmaceuticals Pvt. Ltd. vs. ACIT.

Subsequently, the Revenue preferred this MA before the Tribunal on the grounds that the revenue has filed an appeal against the order of the Tribunal in Aristro Pharmaceuticals Pvt. Ltd. (supra) before the Bombay High Court, which appeal is pending and also that the Supreme Court in the case of Apex Laboratories vs. DCIT LTU [135 taxmann.com 286 (SC)] has, on identical facts, upheld the disallowance u/s 37(1) of the Act.


HELD

The Tribunal noted that the sole dispute of the Revenue is that the order of Hon’ble Tribunal in Aristro Pharmaceuticals Pvt. Ltd.
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