Gujarat High Court
Commissioner Of Income Tax vs Gujarat Mineral Development ... on 4 September, 2006
TAXAP/360/2006 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 360 of 2006
To
TAX APPEAL No. 361 of 2006
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COMMISSIONER OF INCOME TAX Appellant(s)
Versus
GUJARAT MINERAL DEVELOPMENT CORPORATION LTD.
Opponent(s)
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Appearance :
MR TANVISH U BHATT for Appellant(s) : 1,
None for Opponent(s) : 1,
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HONOURABLE THE ACTING CHIEF JUSTICE
CORAM :
Y.R.MEENA
and
HONOURABLE MR.JUSTICE A.S.DAVE
Date : 04/09/2006
COMMON ORAL ORDER
Heard Shri Tanvish Bhatt, learned counsel for the appellant. The following substantial questions of law are proposed for admission of this appeal.
"(i) Whether on the facts and circumstances of the case, the Appellate Tribunal was right in allowing the preoperative expenditure for setting up of Multi Metal Project as revenue expenditure ?
(ii) Whether on the facts and circumstances of the case, the Appellate Tribunal was right in allowing the deduction u/s 80I of the Income Tax Act, 1961 on the extraction and selling of lignite ?"
TAXAP/360/2006 2/2 ORDER The learned counsel for the appellants - Revenue prays for withdrawal of the first question as he wants to move Misc. Application before the Tribunal for necessary correction. He further submits that so far the second question is concerned, another appeal based on the similar question has been admitted by this Court.
Considering the submissions, both these appeals are admitted in terms of following substantial question of law.
(i) Whether on the facts and circumstances of the case, the Appellate Tribunal was right in allowing the deduction u/s 80I of the Income Tax Act, 1961 on the extraction and selling of lignite ?"
Issue notice to the respondent. Paper book be filed within three months. List the appeal for final hearing after three months.
( Y.R.MEENA, Actg.C.J. ) ( A. S. DAVE, J. ) kailash