Gujarat High Court
Gujarat Alkalies & Chemicals Ltd vs The Joint C.I.T. (Asstt.) on 18 March, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Sonia Gokani
O/TAXAP/170/2002 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 170 of 2002
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GUJARAT ALKALIES & CHEMICALS LTD.....Appellant(s)
Versus
THE JOINT C.I.T. (ASSTT.),....Opponent(s)
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Appearance:
MR JP SHAH, ADVOCATE for the Appellant(s) No. 1
MR KM PARIKH, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL
KURESHI
and
HONOURABLE MS JUSTICE SONIA
GOKANI
Date : 18/03/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The appeal was admitted for consideration of the following substantial question of law :
"Whether on the facts and in the circumstances of the case, the Appellate Tribunal has substantially erred in law in holding that excise duty and sales tax are to be included in quantifying total turnover for the purposes of computation of special deduction under Section 80HHC of the Act ?" Page 1 of 2
O/TAXAP/170/2002 ORDER
2. Counsel for the appellant pointed out that the sole question arising in this appeal is covered by the decision of the Supreme Court in the case of CIT v. Lakshmi Machine Works, reported in (2007) 290 ITR 667 (S.C.). The decision of the Tribunal, which has held otherwise, must be reversed to that extent.
3. Resultantly, the Tax Appeal is allowed. The judgment of the Tribunal to the above extent is reversed. Tax Appeal stands disposed of. There shall be, however, no order as to costs.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) Aakar Page 2 of 2