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Gujarat High Court

The Commissioner Of Income Tax-I vs Deepak Nitrite Limited - Opponent(S) on 27 August, 2008

Author: K.A.Puj

Bench: K.A.Puj

         TAXAP/516/2008                          1/2                                               ORDER


                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                               TAX APPEAL No. 516 of 2008


         =========================================================
              THE COMMISSIONER OF INCOME TAX-I - Appellant(s)
                                   Versus
                    DEEPAK NITRITE LIMITED - Opponent(s)
         =========================================================
         Appearance :
         MRS MAUNA M BHATT for Appellant(s) : 1,MR MANISH R BHATT for
         Appellant(s) : 1,
         None for Opponent(s) : 1,
         =========================================================
                     CORAM : HONOURABLE MR.JUSTICE K.A.PUJ

                               and

                               HONOURABLE MR.JUSTICE BANKIM.N.MEHTA

                                     Date : 27/08/2008


         ORAL ORDER

(Per : HONOURABLE MR.JUSTICE K.A.PUJ)

1. Heard Mr. Manish R. Bhatt, learned Senior Standing Counsel appearing for the Revenue. He has pointed out that the Tax Appeal involving identical questions of law has been admitted by this Court on 7-2-2007 in Tax Appeal No.1102 of 2006 filed by the Revenue in case of the Commissioner of Income-Tax V/s. Alembic Glass Industries Ltd.

In view of above submission, this Tax Appeal is admitted in terms of the following substantial question of law :

HC-NIC Page 1 of 2 Created On Wed Jul 13 00:45:24 IST 2016 TAXAP/516/2008 2/2 ORDER "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in negating the exclusion of 90% of the receipts of insurance claim and sundry receipts from the profits of the business under Explanation (baa) below Section 80HHC?"
Notice to the other side. Additional paper- book, if any, be prepared within three months from today.
(K.A. Puj, J.) (Bankim N. Mehta, J.) /JVSatwara/ HC-NIC Page 2 of 2 Created On Wed Jul 13 00:45:24 IST 2016