Full Judgment Text
IN THE SUPREME COURT OF INDIA
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.