Gujarat High Court
Principal Commissioner Of Income Tax 4 vs Synpol Products Pvt Ltd on 11 June, 2018
Author: Akil Kureshi
Bench: Akil Kureshi, B.N. Karia
C/TAXAP/533/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 533 of 2018
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PRINCIPAL COMMISSIONER OF INCOME TAX 4
Versus
SYNPOL PRODUCTS PVT LTD
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Appearance:
MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1
MR.BANDISH SOPARKAR, ADVOCATE for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 11/06/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Tax Appeal is ADMITTED for consideration of following substantial question of law.
"[A] Whether the Appellate Tribunal has substantially erred in law and on facts in deletion of Rs.24,04,401/ u/s 145A of the Income Tax Act, 1961?"
2. Additional question suggested by the Revenue reads as under:
"[B] Whether the Appellate Tribunal has substantially erred in law and on facts in deleting the addition of Rs.7,48,517/ on account of depreciation on motor vehicles ?
3. The assessee had claimed depreciation on the vehicles purchased in the name of the director. The Tribunal allowed the depreciation observing that the Page 1 of 2 C/TAXAP/533/2018 ORDER control of the vehicle was retained by the company. This view is reiterated by this Court in case of Commissioner of Income Tax v. Aravali Finlease Ltd. reported in [2012] 341 ITR 282 Guj). This question is therefore not considered.
4. Revenue is permitted to transpose the relevant documents from Tax Appeal No.532 of 2018.
(AKIL KURESHI, J) (B.N. KARIA, J) ANKIT SHAH Page 2 of 2