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Gujarat High Court

Gujarat State Electricity Corporation ... vs The Commissioner Of Income Tax I on 23 July, 2019

Author: J.B.Pardiwala

Bench: J.B.Pardiwala, A.C. Rao

          C/TAXAP/507/2019                                              ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/TAX APPEAL NO. 507 of 2019
==========================================================
            GUJARAT STATE ELECTRICITY CORPORATION LTD
                              Versus
                THE COMMISSIONER OF INCOME TAX I
==========================================================
Appearance:
MR MANISH J SHAH(1320) for the Appellant(s) No. 1
for the Opponent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MR.JUSTICE A.C. RAO

                                Date : 23/07/2019
                                 ORAL ORDER

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) This Tax Appeal is admitted on the following two substantial questions of law:

"[A] Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Pt. Commissioner of Income Tax was right in revising the order of the Assessing Officer allowing the additional depreciation of Rs.203,43,49,000/­ on the machinery generating electricity, more particularly, when the point was covered by two direct decisions of the Tribunal?
[B] Whether on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the disallowance made by the Pt. Commissioner of Income Tax u/s. 263 under the normal provision as well as under Section 115JB of the loss written off amounting to Rs.5,25,87,500/­ on collapse of cooling tower at Kutchh Lignite Thermal Power Station?"

Direct service is permitted. Notify this Tax Appeal for final hearing on 19th August 2019.

(J. B. PARDIWALA, J) (A. C. RAO, J) CHANDRESH Page 1 of 1 Downloaded on : Thu Jul 25 22:23:56 IST 2019