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Gujarat High Court

Dy. C.I.T vs Gujarat Filaments Ltd on 4 December, 2000

Author: M.S.Shah

Bench: Dm Dharmadhikari, M.S.Shah


      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      TAX APPEAL No 437 of 2000

      --------------------------------------------------------------
      DY. C.I.T.
 Versus
      GUJARAT FILAMENTS LTD.
      --------------------------------------------------------------
      Appearance:
           MR AKIL QURESHI for MR MANISH R BHATT for Petitioner

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

               CORAM : CHIEF JUSTICE MR DM DHARMADHIKARI
                                  and
                       MR.JUSTICE M.S.SHAH
               Date of Order: 04/12/2000

 ORAL ORDER

(Per : MR.JUSTICE M.S.SHAH) Heard Mr Akil Qureshi, learned counsel for the revenue. The appeal is admitted on the following substantial question of law :-

"Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law and on facts in upholding the order of the Commissioner of Income Tax (A) deleting the addition of Rs.96,67,300/- made by the Assessing Officer to the book profit on account of additional depreciation debited in the accounts for the earlier years because of change in the method of providing depreciation retrospectively ?"

(D.M. Dharmadhikari, CJ) (M.S. Shah, J.) sundar/-