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Gujarat High Court

Principal Commissioner Of Income Tax vs D B Corporation Ltd....Opponent(S) on 23 March, 2015

Author: M.R. Shah

Bench: M.R. Shah, S.H.Vora

                  O/TAXAP/177/2015                                        ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   TAX APPEAL NO. 177 of 2015
     ======================================
      PRINCIPAL COMMISSIONER OF INCOME TAX 1....Appellant(s)
                              Versus
                 D B CORPORATION LTD....Opponent(s)
     ======================================
     Appearance:
     MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1
     ======================================
           CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
                    and
                    HONOURABLE MR.JUSTICE S.H.VORA
                         Date : 23/03/2015
                           ORAL ORDER

(PER : HONOURABLE MR.JUSTICE M.R. SHAH) The present Tax Appeal is ADMITTED to consider the following substantial questions of law;

(A) Whether the Appellate Tribunal has substantially erred in allowing the assessee's claim of Rs.58,70,519/- on account of depreciation on intangible assets (Goodwill) for additions made during the year of Rs.2,60,59,519/- without appreciating the fact that there has been no transfer of any commercial rights as claimed by the assessee on which depreciation could be allowed?

(B) Whether the Appellate Tribunal has substantially erred in deleting the interest charged under Section 234B though the charging of interest is mandatory?

To be heard with Tax Appeal No.2450/2009.

(M.R. SHAH, J.) (S.H. VORA, J.) Siji Page 1 of 1 TAX APPEAL/177/2015 25/03/2015 01:44:22 AM