Gujarat High Court
Vastushilp vs Chief
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
TAXAP/490/2010 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL No. 490 of 2010 ========================================================= VASTUSHILP CORPORATION - Appellant(s) Versus CHIEF COMMISSIONER OF INCOME TAX - Opponent(s) ========================================================= Appearance : M/S WADIA GHANDY &CO for Appellant(s) : 1, MR MR BHATT, SR. COUNSEL WITH MRS MAUNA M BHATT for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 27/03/2012 ORAL ORDER
(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This Appeal is ADMITTED on the following substantial questions of law:
[1] Whether the Tribunal below committed substantial error of law in affirming the order under Section 263 of the Income Tax Act, 1961 ["the Act"], by totally overlooking the fact that notice issued under Section 263 did not disclose the relevant criteria for exercising jurisdiction under the said provision.
[2] Whether the Tribunal below committed substantial error of law in overlooking the fact that in order to get benefit under Section 80IB[10] of the Act, it is not necessary that developer must be the owner but that was the basis of issue of notice under Section 263 of the Act.
Since Mrs. Mauna Bhatt has already entered appearance on behalf of the respondent, we propose to fix the matter for final hearing on April 9, 2012.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-