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Supreme Court of India 2019-03-15 allowed

PRINCIPAL COMMISSIONER OF INCOME TAX 8 vs M/S YES BANK LTD

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The Supreme Court remanded an income tax case to the High Court for proper adjudication on merits. The Revenue challenged the ITAT's order allowing Yes Bank's claim for deduction under Section 35-D (for industrial undertakings). The High Court dismissed the appeal without framing substantial questions of law or deciding the core issue: whether a bank qualifies as an industrial undertaking. The Supreme Court held that Section 260-A appeals must involve proper framing and answering of substantial questions of law, and set aside the High Court's order for reconsideration.

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Income Tax Tax Deductions Industrial Undertakings Appellate Jurisdiction Procedural Law

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