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Gujarat High Court

The Commissioner Of Income Tax - Ii vs Ideal Sheet Metal Stamping & Pressing ... on 23 July, 2008

Author: K.A.Puj

Bench: K. A. Puj

         TAXAP/317/2008                             1/2                                                 ORDER


                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                                   TAX APPEAL No.317 of 2008


         =========================================================
         =
               THE COMMISSIONER OF INCOME TAX - II - Appellant
                                    Versus
          IDEAL SHEET METAL STAMPING & PRESSING PVT LTD - Opponent
         =========================================================
         = Appearance :
         MRS MAUNA M BHATT/MR MANISH R BHATT for Appellant.
         None for Opponent.
         =========================================================
         =
                    CORAM : HONOURABLE MR. JUSTICE K. A. PUJ

                                  and

                                  HONOURABLE MR. JUSTICE BANKIM N. MEHTA



                                        Date : 23/07/2008
                                           ORAL ORDER

(Per : HONOURABLE MR.JUSTICE K.A.PUJ) Heard Mr.Manish R. Bhatt, learned Senior Standing Counsel appearing for the Revenue.

This Tax Appeal is admitted in terms of the following substantial question of law, which is formulated for determination and consideration of this Court:

"Whether the Appellate Tribunal has erred in law and on facts in not holding that both direct and indirect expenses in earning HC-NIC Page 1 of 2 Created On Fri Jun 10 01:40:10 IST 2016 TAXAP/317/2008 2/2 ORDER exempt income need to be disallowed u/s. 14A of the Act?"

Since Question (A) proposed to be formulated by the Revenue is under the realm of finding of fact, we do not formulate the said question. We are of the view that there is no substantial question of law so far as Question (A) is concerned.

Issue notice to other side. Paper-book be filed within three months. To be heard with Tax Appeal No.318 of 2008 and Tax Appeal No.319 of 2008.

[K. A. Puj, J.] [Bankim N. Mehta, J.] Rajendra HC-NIC Page 2 of 2 Created On Fri Jun 10 01:40:10 IST 2016