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Gujarat High Court

Commissioner Of Income Tax-Ii vs Vimal Agro Products Private Limited - ... on 5 March, 2012

Author: Bhaskar Bhattacharya

Bench: Bhaskar Bhattacharya

         TAXAP/1407/2009                         1/2                                             ORDER


                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      TAX APPEAL No. 1407 of 2009
                                  To
                      TAX APPEAL No. 1408 of 2009
         ==========================================
         ===============
              COMMISSIONER OF INCOME TAX-II - Appellant(s)
                               Versus
           VIMAL AGRO PRODUCTS PRIVATE LIMITED - Opponent(s)
         ==========================================
         ===============
         Appearance :
         MR M.R. BHATT, SR. COUNSEL with MRS MAUNA M BHATT for Appellant(s) : 1,
         None for Opponent(s) : 1,
         ==========================================
         ===============
                       HONOURABLE THE ACTING CHIEF JUSTICE
          CORAM :
                       MR.BHASKAR BHATTACHARYA

                       and

                       HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                          Date : 05/03/2012
         ORAL ORDER

(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) These appeals are admitted on the following substantial question of law:-

(A) Whether the Tribunal below has committed substantial error of law in holding that export incentives would come within the purview of profit derived from the export of articles or things of a 100% Export Oriented Undertaking within the meaning of Section 10B of the Act;

(Bhaskar Bhattacharya, Actg. C.J.) HC-NIC Page 1 of 2 Created On Tue Jun 14 03:22:18 IST 2016 TAXAP/1407/2009 2/2 ORDER (J.B. Pardiwala, J.) */Mohandas HC-NIC Page 2 of 2 Created On Tue Jun 14 03:22:18 IST 2016