Gujarat High Court
The vs Gujarat on 20 April, 2010
Gujarat High Court Case Information System
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TAXAP/950/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 950 of 2008
=========================================
THE
ASST. COMMISSIONER OF INCOME TAX, ANAND CIRCLE, ANAND - Appellant(s)
Versus
GUJARAT
CO-OPERATIVE MILK MARKETING FEDERATION LTD. - Opponent(s)
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Appearance :
MR
KM PARIKH for
Appellant(s) : 1,
RULE SERVED for Opponent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 20/04/2010
ORAL
ORDER
(Per : HONOURABLE MS.JUSTICE H.N.DEVANI) Vide the order dated 1.4.2009, the appeal had been admitted by formulating the following question of law :
Whether the ITAT was right in law and on facts in confirming the order of CIT(A) thereby directing the A.O. to allow depreciation on the actual cost of the assets without reducing the amount of grant/subsidy received from NDDB, ignoring explanation 10 to Section 43(1) of the IT Act?
The learned Senior Standing Counsel for the appellant-revenue accepts that the controversy involved in the present case stands concluded by a decision of this High Court in the case of Mahesana District Co-operative Milk Producers Union Ltd. v. Commissioner of Income Tax, (2002) 258 ITR 780, whereby the question has been answered in favour of assessee and against the revenue.
In the light of the aforesaid decision, the question is answered in the affirmative i.e. in favour of the assessee and against the revenue.
The appeal is, accordingly, dismissed with no order as to costs.
[D.A.MEHTA, J.] [HARSHA DEVANI, J.] parmar* Top