Gujarat High Court
Director Of Income Tax (International ... vs Niko Resources Ltd. Opponent(S) on 23 March, 2009
Author: K.S.Radhakrishnan
Bench: K.S.Radhakrishnan
TAXAP/781/2008 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 781 of 2008
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DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) Appellant(s)
Versus
NIKO RESOURCES 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 THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 23/03/2009
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard learned counsel for the appellant. Admit.
Issue notice to the respondent on the following substantial questions of law.
"(A) "Whether the Income Tax Appellate Tribunal was right in law in holding that the term 'mineral oil' referred to in sub section (9) of section 80IB of the Income Tax Act includes 'natural gas'?"
(B) "Whether on the facts and circumstances of the case, Income Tax Appellate Tribunal was right in law in holding that 'each well or a cluster of wells, in a block' can be classified as a "separate undertaking" for the purposes of deduction under subsection (9) of section 80IB of the Income tax Act, 1961 ?"
HC-NIC Page 1 of 2 Created On Sat Jun 18 02:21:20 IST 2016 TAXAP/781/2008 2/2 ORDER (C) "Whether on the facts and circumstances of the case, Income Tax Appellate Tribunal was right in law in holding that the undertaking H2 was eligible for deduction under subsection (9) of section 80IB of the Income tax Act,1961?"
(D)"Whether on the facts and circumstances of the case, Income Tax Appellate Tribunal was right in law in holding that the claim of deduction under subsection (9) of section 80IB of the Income tax Act was allowable notwithstanding that no such claim made in, and no audit report in Form 10CCB and no separate profit and loss account in respect of the undertaking was filed along with, the return or during assessment proceedings?"
(E)"Whether on the facts and circumstances of the case, Income Tax Appellate Tribunal was right in law in treating the gas separator & flood light as "plant and machinery" and accordingly allowing the depreciation at the rate of twenty five percent?""
(K.S. RADHAKRISHNAN, C.J.) (AKIL KURESHI, J.) kailash HC-NIC Page 2 of 2 Created On Sat Jun 18 02:21:20 IST 2016