Gujarat High Court
Commissioner Of Income TaxI vs Friends Oil & Chemical Terminal Pvt Ltd ... on 19 April, 2011
Bench: Akil Kureshi, Sonia Gokani
TAXAP/1976/2009 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 1976 of 2009
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COMMISSIONER OF INCOME TAXI Appellant(s)
Versus
FRIENDS OIL & CHEMICAL TERMINAL PVT LTD Opponent(s)
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Appearance :
MRS MAUNA M BHATT for Appellant(s) : 1,
None for Opponent(s) : 1,
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CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 19/04/2011
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Counsel for the revenue pointed out that with respect to the question of depreciation on storage tank, the Tribunal in the impugned order relied on its previous order in case of the same assessee. She submitted that the issue was carried in appeal by the revenue and this Court has admitted Tax Appeal No. 1781 of 2008.
2. With respect to question no.2, we find that the amount involved is less than Rs.4,000/. Only on smallness of the claim, we are not inclined to entertain this question. We further find that the third question is in the nature of a contention which need not be separately framed.
3. In the result, this appeal is admitted for consideration of the following question of law:
"Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT (A) in deleting the addition of Rs.14,05,874/ made by the Assessing Officer on account of HC-NIC Page 1 of 2 Created On Tue Jul 12 00:52:26 IST 2016 TAXAP/1976/2009 2/2 ORDER disallowance of depreciation on storage tank and directed the Assessing Officer to allow depreciation @ 25% instead of 10%?"
4. To be heard with Tax Appeal No. 1781 of 2008.
[Akil Kureshi, J.] [Ms. Sonia Gokani, J.] mrp HC-NIC Page 2 of 2 Created On Tue Jul 12 00:52:26 IST 2016