Gujarat High Court
Gujarat Insecticides Ltd vs Asst. Commissioner Of on 12 February, 2013
Author: Akil Kureshi
Bench: Akil Kureshi
GUJARAT INSECTICIDES LTD....Appellant(s)V/SASST. COMMISSIONER OF INCOME TAX....Opponent(s) O/TAXAP/618/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 618 of 2012 ================================================================ GUJARAT INSECTICIDES LTD....Appellant(s) Versus ASST. COMMISSIONER OF INCOME TAX....Opponent(s) ================================================================ Appearance: MR MANISH J SHAH, ADVOCATE for the Appellant(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MS JUSTICE SONIA GOKANI Date : 12/02/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Assessee has filed appeal against the judgment of the Income Tax Appellate Tribunal ( the Tribunal for short) dated 27.3.2012. Following questions have been raised:-
(a) Whether on the facts and circumstances of the case, the Tribunal was right in law in disallowing Rs.1,21,17,001/- paid to M/s. Gharda Chemicals Ltd. under Section 40A(2)(b) of the I.T. Act, 1961?
(b) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in disallowing commission of Rs.18,21,500/- paid to Nipun Finvest P. Ltd. and commission of Rs.5,00,000/- paid to VFC Industries Pvt. Ltd.?
(c) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the interest of Rs.27,00,000/- had really accrued on the inter corporate deposit with Nipun Investment Pvt. Ltd.?
2. Counsel for the appellant pointed out that Questions (a) and (c) are being considered in Tax Appeal No.1883 of 2010 whereas in the same appeal Question (b) was rejected.
In the result, Tax Appeal is admitted for consideration of Questions (a) and (c) only.
To be heard with Tax Appeal No.1883 of 2010.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) SUDHIR Page 2 of 2