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Gujarat High Court

The Income Tax Officer vs Sachinam Trust on 31 July, 2000

Author: A.R. Dave

Bench: A.R.Dave



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      TAX APPEAL No 375 of 1999

            with



      --------------------------------------------------------------
      THE INCOME TAX OFFICER
 Versus
      SACHINAM TRUST
      --------------------------------------------------------------
      Appearance:
      1. TAX APPEAL No. 375 of 1999
           MR MANISH R BHATT for Petitioner

      --------------------------------------------------------------

               CORAM : MR.JUSTICE R.K.ABICHANDANI
                                  and
                       MR.JUSTICE A.R.DAVE

               Date of Order: 31/07/2000

 ORAL ORDER

ADMIT. The question of law is formulated as under for this appeal:-

"Is the Appellate Tribunal right in law and on facts in cancelling the penalty levied under Section 271B amounting to Rs.72,451/- on the ground that it is not the gross amount of advances made during the year which constituted turnover but the gross interest received which constitute the basis for liability u/s 44AB."

31.07.2000 (R.K. Abichandani, J.) (A.R. Dave, J.)