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Gujarat High Court

Pr. Commissioner Of Income Tax-7 vs Amar Mukesh Shah....Opponent(S) on 6 April, 2016

Author: Harsha Devani

Bench: Harsha Devani, G.R.Udhwani

                   O/TAXAP/363/2016                                                ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  TAX APPEAL NO. 363 of 2016

         ==========================================================
                    PR. COMMISSIONER OF INCOME TAX-7....Appellant(s)
                                      Versus
                           AMAR MUKESH SHAH....Opponent(s)
         ==========================================================
         Appearance:
         MR SUDHIR M MEHTA, ADVOCATE for the Appellant(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
                 and
                 HONOURABLE MR.JUSTICE G.R.UDHWANI

                                         Date : 06/04/2016


                                          ORAL ORDER

(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) Mr. Sudhir Mehta, learned Senior Standing Counsel for the appellant has invited the attention of the court to the order dated 06.10.2015 passed by this court in Tax Appeal No.610 of 2015 wherein, in a case arising out of the same transaction, the court has admitted the appeal on a similar question of law.

In the aforesaid premises, ADMIT. The following substantial question of law arises for consideration:

"Whether the Income Tax Appellate Tribunal has Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Apr 07 02:40:14 IST 2016 O/TAXAP/363/2016 ORDER erred in law and on facts in deleting the addition made by the Assessing Officer on account of suppression of profits by the assessee by way of client code modification by the broker (which is a group concern) in a large number of commodity transactions?"

To be heard with Tax Appeal No.610 of 2015.

(HARSHA DEVANI, J.) (G.R.UDHWANI, J.) parmar* Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Apr 07 02:40:14 IST 2016