Commr. of
Income Tax, Chennai V. M/S Modern Engineers Const. Co-Op. Sty Ltd [2010] INSC
105 (12 January 2010)
Judgment
CIVIL
APPELLATE JURISDICTION CIVIL APPEAL NO.3478 OF 2008 Commissioner of Income Tax,
Chennai ...Appellant(s) Versus M/s. Modern Engineers Constructions Co-op.
Society Ltd. ...Respondent(s) O R D E R Heard learned counsel on both sides.
The issue
involved in this case is squarely covered by the judgement of this Court in the
case of Commissioner of Income Tax, Madras vs. Ponni Sugars and Chemicals
Limited reported in 2008 (9) S.C.C.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 and Chemicals Limited [supra]. On the merits of
the case, it is made clear that all the contentions of the parties are
expressly kept open.
The civil
appeal, accordingly, stands disposed of with no order as to costs.
......................J. [S.H. KAPADIA]
......................J. [AFTAB ALAM]
......................J. [SWATANTER KUMAR]
New Delhi, January 12, 2010.
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