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[Cites 1, Cited by 2]

Gujarat High Court

Surat Dist. Co.Op Spinning Mills Ltd vs Deputy Commissioner Of Income ... on 1 September, 2014

Author: Harsha Devani

Bench: Harsha Devani, Sonia Gokani

        O/TAXAP/907/2014                              ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       TAX APPEAL NO. 907 of 2014

================================================================
        SURAT DIST. CO.OP SPINNING MILLS LTD....Appellant(s)
                             Versus
        DEPUTY COMMISSIONER OF INCOME TAX....Opponent(s)
================================================================
Appearance:
MR RK PATEL, ADVOCATE for the Appellant(s) No. 1
================================================================

        CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
               and
               HONOURABLE MS JUSTICE SONIA GOKANI

                            Date : 01/09/2014


                             ORAL ORDER

(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)

1. Heard Mr. R. K. Patel, learned advocate for the appellant.

2. Admit. The following substantial questions of law arise for consideration:

"[1] Whether on the facts, the Income Tax Appellate Tribunal is right in law in confirming the disallowance of claim of business expenditure and set off and carried forward of business loss on interpretation of section 28, section 37, section 72 and allied provisions of Income Tax Act, 1961?
[2] Whether on the facts, the Income Tax Appellate Tribunal is right in law in equating "suspension/absence"
Page 1 of 2
O/TAXAP/907/2014 ORDER of business activities for the year under consideration at par with "closure" of business?
To be heard with Tax Appeals No.811 of 2011, 105 of 2011 and 800 of 2011.
(HARSHA DEVANI, J.) (MS SONIA GOKANI, J.) parmar* Page 2 of 2