Gujarat High Court
Pr. Commissioner Of Income ... vs Aditya Medisales ... on 19 September, 2016
Author: Akil Kureshi
Bench: Akil Kureshi, A.J. Shastri
O/TAXAP/693/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 693 of 2016
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PR. COMMISSIONER OF INCOME TAX-VADODARA-1....Appellant(s)
Versus
ADITYA MEDISALES LIMITED....Opponent(s)
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Appearance:
MR KM PARIKH, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 19/09/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Counsel for the revenue submitted that the appeal filed by the assessee against the order of assessment was still pending before the Commissioner when the revisional order under Section 263 of the Income Tax Act, 1961 was passed on 27th March, 2015. Relying on the decision of the Supreme Court in the case of Eimco K.C.P.Ltd. v/s Commissioner of Income Tax, reported in 242 ITR 659, counsel submitted that in such circumstances, it was open for the Commissioner to exercise revisional powers.
Tax appeal is admitted for consideration Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Sep 21 04:31:46 IST 2016 O/TAXAP/693/2016 ORDER of following substantial question of law:
"1. Whether, on the facts and circumstance of case, the Tribunal was right in law in quashing the revision order u/s 263 of the Act dated 27.03.2015, on the issue of disallowance under section 14A rwr 8D of the Act, disregarding the applicability of the provisions of sec.263 of the Act?"
(AKIL KURESHI, J.) (A.J. SHASTRI, J.) Srilatha Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Sep 21 04:31:46 IST 2016