Gujarat High Court
Commissioner Of Income Tax Ii vs Modern Construction Co. P. ... on 30 June, 2014
Author: M.R. Shah
Bench: M.R. Shah, K.J.Thaker
O/TAXAP/564/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL NO. 564 of 2014
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COMMISSIONER OF INCOME TAX II....Appellant(s)
Versus
MODERN CONSTRUCTION CO. P. LTD.....Opponent(s)
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Appearance:
MR MANISH BHATT, SR. ADVOCATE, MS MAUNA M BHATT, ADVOCATE
for the Appellant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE K.J.THAKER
Date : 30/06/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. Heard Shri. M.M. Bhatt, learned Counsel appearing on behalf of the Appellant-Revenue. Present Tax Appeal is ADMITTED to consider the following substantial questions of law;
"[A] Whether the Appellate Tribunal has substantially erred in law and on facts in confirming the order of the CIT(A) holding that only the profit element of Rs.2,41,493/- from gross contract receipts from Gujarat Industrial Power Co. Ltd. Should be deducted for the purpose of allowing deduction u/s. 80IA of the Act?
[B] Whether the Appellate Tribunal has substantially erred in law and on facts in confirming the order of the CIT(A) thereby deleting the addition of Rs.12,96,893/- made on account of unaccounted payments & Rs.5,25,435/-Page 1 of 2
O/TAXAP/564/2014 ORDER made on account of excess expenses in respect of 17 parties due to discrepancies in their accounts?
[C] Whether the Appellate Tribunal has substantially erred in law and on facts in confirming the order of the CIT(A) in deleting the addition out of the total addition of RS.89,26,709/- made on account of disallowance of expenditure claimed in case of 7 parties and further restricting the disallowance to 10% of the expenses claimed in case of 3 parties?"
2. To be heard with TAX APPEAL NO. 565 OF 2014.
(M.R.SHAH, J.) (K.J.THAKER, J) UMESH Page 2 of 2