Gujarat High Court
The Principal Commissioner Of Income ... vs M/S Adani Gas Ltd on 22 July, 2019
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, A.C. Rao
C/TAXAP/434/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 434 of 2019
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THE PRINCIPAL COMMISSIONER OF INCOME TAX 1
Versus
M/S ADANI GAS LTD
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Appearance:
MRS MAUNA M BHATT(174) for the Appellant(s) No. 1
for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
and
HONOURABLE MR.JUSTICE A.C. RAO
Date : 22/07/2019
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) This Tax Appeal at the instance of the assessee is admitted on the following questions of law :
" (A) Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of he CIT(A) deleting the addition of Rs 46,75,548/-
being disallowance of amortization of lease hold land despite the fact that there is no provision in the Income Tax Act under which such deduction can be claimed. ?
(B) Whether, the Appellate Tribunal has erred in law and on facts in deleting the addition of Rs 1,55,814/- made under section 41(1) of the Act being cessation of liability ?
(C) Whether the Appellate Tribunal has erred in law and on facts in deleting the addition of Rs 83,82,631/- on account of unutilised CENVAT Page 1 of 2 Downloaded on : Tue Jul 23 22:04:57 IST 2019 C/TAXAP/434/2019 ORDER credit despite the fact that the assessee had followed exclusive method of accounting in contravention of the provisions of section 145A which mandates inclusive method for valuation of inventory?"
(J. B. PARDIWALA, J) (A. C. RAO, J) MARY VADAKKAN Page 2 of 2 Downloaded on : Tue Jul 23 22:04:57 IST 2019