Gujarat High Court
Commissioner vs Mazda on 12 March, 2012
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
Gujarat High Court Case Information System
Print
TAXAP/2243/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 2243 of 2010
=========================================================
COMMISSIONER
OF INCOME TAX - II - Appellant(s)
Versus
MAZDA
LTD - Opponent(s)
=========================================================
Appearance
:
MR
MR BHATT, SR. COUNSEL WITH MRS MAUNA M BHATT
for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 28/02/2012
ORAL ORDER
(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This Appeal is ADMITTED on the following substantial questions of law:
[1] Whether the Tribunal below committed substantial error of law in deleting the disallowance of liquidated damages of Rs.42,06,346/-, by overlooking the fact that the same is contrary to the explanation given to Section 37[1] of the Income Tax Act, 1961 ["the Act"] and cannot form part of expenditure.
[2] Whether the Tribunal below committed substantial error of law in directing the Assessing Officer not to include excise duty and sales tax in the total turnover for calculation of deduction under Section 80HHC of the Act, by overlooking the provision contained in Section 145A of the Act.
[3] Whether the Tribunal below committed substantial error of law in not excluding the interest income of Rs. 3,94,774/-, GST set off of Rs. 12,98,202/-, write off payment of Rs. 1,15,767/- received and technical drawing income of Rs. 28,00,156/- from the profits of business for the purpose of computation of deduction under Section 80HHC of the Act, by totally overlooking the fact that those items have no element of "export" so as to give benefit of Section 80HHC of the Act."
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-Top