Gujarat High Court
Principal Commissioner Of Income Tax-2 vs Meghmani Organics Limited on 12 February, 2018
Author: Akil Kureshi
Bench: Akil Kureshi, B.N. Karia
O/TAXAP/61/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 61 of 2018
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PRINCIPAL COMMISSIONER OF INCOME TAX-2,....Appellant(s)
Versus
MEGHMANI ORGANICS LIMITED,....Opponent(s)
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Appearance:
MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 12/02/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Tax Appeal is ADMITTED for consideration of following substantial question of law.
"Whether the Income Tax Appellate Tribunal committed an error in law in accepting the assessee's contention that deduction under section 80HHC of the the Income Tax Act, 1961 should be made unitwise as against that made by the Assessing Officer by clubbing the export unit and domestic usage and by taking export business as a whole?"
2. We notice that the Revenue has also proposed another question with respect to exclusion of excise duty and sales tax from the computation of turnover for the purpose of section 80HHC of the the Income Tax Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Feb 12 23:03:57 IST 2018 O/TAXAP/61/2018 ORDER Act, 1961 ('the Act' for short). This issue is raised particularly in context of section 145A of the Act. However, we notice that this question has been examined by this Court in case of Commissioner of IncometaxI v. Dyntex Dyechem Ltd. reported in [2014] 42 taxmann.com 227 (Gujarat). The Court relying on the judgment of the Supreme Court in case of CIT v. Lakshmi Machine Works reported in [2007] 290 ITR 667 rejected the Revenue's contention in this regard.
(AKIL KURESHI, J.) (B.N. KARIA, J.) ANKIT Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Feb 12 23:03:57 IST 2018