Gujarat High Court
Joint Commissioner Of Income Tax vs Standard Radiators Pvt. ... on 18 March, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Sonia Gokani
O/TAXAP/792/2006 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 792 of 2006
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JOINT COMMISSIONER OF INCOME TAX....Appellant(s)
Versus
STANDARD RADIATORS PVT. LTD....Opponent(s)
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Appearance:
MR KM PARIKH, ADVOCATE for the Appellant.
MR MANISH J SHAH, ADVOCATE for the Respondent.
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CORAM: HONOURABLE MR.JUSTICE AKIL
KURESHI
and
HONOURABLE MS JUSTICE SONIA
GOKANI
Date : 18/03/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The appeal was admitted for consideration of the following substantial question of law :
"Whether on the facts and circumstances of the case and in law, ITAT was right in law in holding that sums ratable to sales tax and excise duty do not form part of total turn over for the purpose of computing profits derived from export for claiming benefit u/s.80hhc of the income tax act, 1961 ?"
Page 1 of 2
O/TAXAP/792/2006 ORDER
2. Counsel for the respondent pointed out that the sole question arising in this appeal is covered by the decision of the Supreme Court in the case of CIT v. Lakshmi Machine Works, reported in (2007) 290 ITR 667 (S.C.). The decision of the Tribunal, which has held otherwise, must be reversed to that extent.
3. Resultantly, the Tax Appeal is allowed. The judgment of the Tribunal to the above extent is reversed. Tax Appeal stands disposed of. There shall be, however, no order as to costs.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) Aakar Page 2 of 2