Bombay High Court
Dhariwal Industries Pvt. ... vs Assistant Commissioner Of Income-Tax ... on 9 April, 2019
Author: Sarang V. Kotwal
Bench: Akil Kureshi, Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.384 OF 2017
ALONG WITH
INCOME TAX APPEAL NO.385 OF 2017
ALONG WITH
INCOME TAX APPEAL NO.433 OF 2017
ALONG WITH
INCOME TAX APPEAL NO.488 OF 2017
ALONG WITH
INCOME TAX APPEAL NO.530 OF 2017
ALONG WITH
INCOME TAX APPEAL NO.531 OF 2017
Dhariwal Industries Pvt. Ltd. ] ... Appellant
Versus
Assistant Commissioner of Income-Tax ]
Central, Pune & Anr. ] ... Respondents
Mr. Percy Pardiwalla, Senior Advocate a/w Mr. Nitesh Joshi i/b Mr. Atul
Jasani for Appellant.
Mr. Sham Walve for Respondents.
CORAM :- AKIL KURESHI &
SARANG V. KOTWAL, JJ.
DATE :- 09 APRIL, 2019 P. C. :-
1. The Income Tax Appeals are admitted for consideration of the following substantial questions of law.
"(i) Whether on the facts and circumstances of the case and in law, the Tribunal ought to have held that the benefit received by the appellant on account of the policy on wind power generation was capital in nature and, therefore, not liable to tax ?
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(ii) Whether on the facts and circumstances of the case and
in law, the Tribunal ought to have held that Explanation 10 below section 43(1) of the Act can have no application to the present case where incentive has been received by the Appellant under the scheme of Government of Maharashtra for encouraging wind power generation ?
(iii) Whether on the facts and circumstances of the case and in law, the Tribunal ought to have held that gains arising from transfer of entitlement for sales tax exemption could not be charged to tax in the absence of an ascertainable cost of acquisition / improvement of the same ?"
2. Learned Counsel Mr. Sham Walve waives service for Respondents.
3. Registry is directed to communicate a copy of this order to the Tribunal. This would enable the Tribunal to keep the papers and proceedings relevant to these Appeals available, to be produced when sought for by the Court.
4. To be heard along with Income Tax Appeal No.333 of 2016 and connected Appeals.
(SARANG V. KOTWAL, J.) (AKIL KURESHI, J.)
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