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Gujarat High Court

Principal Commissioner Of Income Tax vs Eci Technology P. Ltd. on 12 March, 2018

Author: Akil Kureshi

Bench: Akil Kureshi, B.N. Karia

         C/TAXAP/971/2017                                    ORDER




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                    TAX APPEAL No. 971 of 2017

==============================================================
              PRINCIPAL COMMISSIONER OF INCOME TAX
                              Versus
                      ECI TECHNOLOGY P. LTD.
==============================================================
Appearance :
Mrs MAUNA M BHATT, Advocate for the PETITIONER(s) No. 1
MR B S SOPARKAR, Advocate for the RESPONDENT(s) No.
==============================================================

           CORAM: HONOURABLE          Mr. JUSTICE AKIL KURESHI
                      and
                      HONOURABLE Mr. JUSTICE B.N. KARIA
                      12th March 2018

ORAL ORDER          (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI)

Tax Appeal is admitted for consideration of following substantial question of law :

"Whether the Appellate Tribunal has erred in law and on facts of the case in not considering the upward adjustments made by the TPO and not appreciating the fact that the assessee had not substantiated the calculation for the discount granted by its third party suppliers ?"

We noticed that the Revenue has proposed one more question, however, the material on record would suggest that the Page 1 of 2 C/TAXAP/971/2017 ORDER sum of Rs. 13.98 lakhs [rounded off] is represented by the actual written off loss by the assessee by passing entry. This question is therefore, not considered.

[Akil Kureshi, J.] [B.N Karia, J.] Prakash Page 2 of 2