Gujarat High Court
Commissioner Of Income Tax vs M/S Micro Inks Ltd (Hindustan Inks & ... on 19 March, 2012
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
TAXAP/15/2011 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 15 of 2011
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COMMISSIONER OF INCOME TAX - Appellant(s)
Versus
M/S MICRO INKS LTD (HINDUSTAN INKS & RESINS LTD) - Opponent(s)
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Appearance :
MR MANISH R BHATT, Sr. Advocate with MRS MAUNA M BHATT for Appellant(s) : 1,
None for Opponent(s) : 1,
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HONOURABLE THE ACTING CHIEF JUSTICE
CORAM :
MR.BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/03/2012
ORAL ORDER
(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This appeal is admitted on the following substantial questions of law :-
(A) Whether the Tribunal below committed substantial error of law in not directing exclusion of scrap income of Rs.43,91,859/- from the profits eligible for deduction under Section 80HHC of the Income Tax Act notwithstanding the fact that the same had no direct or immediate nexus either with the export or manufacturing activity of the assessee.
TAXAP/15/2011 2/2 ORDER (B) Whether the Tribunal below committed substantial error
of law in holding that the excise duty and sales will not be included in the total turnover while calculating deduction under Section 80HHC of the Income Tax Act in contravention of the provisions of Section 145A which has been amended with effect from April 1, 1999.
(BHASKAR BHATTACHARYA, ACTING CJ.) (J.B. PARDIWALA, J.) zgs/-