Bombay High Court
The West Coast Paper Mills Ltd vs The Additional Commissioner Of ... on 4 January, 2019
Bench: Akil Kureshi, M.S. Karnik
4. os itxa 1223-16.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
INCOME TAX APPEAL NO. 1223 OF 2016
The West Coast Paper Mills Ltd .. Appellant
Versus
The Addl. Commissioner of Income Tax Range 1(3) .. Respondent
...................
Mr. Niraj Sheth i/by Mr. Atul Jasani for the Appellant
Mr. Suresh Kumar for the Respondent
...................
CORAM : AKIL KURESHI &
M.S. KARNIK, JJ.
DATE : JANUARY 4, 2019.
P.C.:
1. Income Tax Appeal is admitted for consideration of following substantial questions of law:-
"(i) Whether on the facts and in the circumstances of the case and in law, the Tribunal ought to have adjudicated the appellant's claim for deduction under Section 80-IA of the Act in respect of the integrated power unit No.6?
(ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that indirect expenses which were not directly relatable to the power units had to be apportioned in arriving at the profits of the power units for the purpose of computing deduction under Section 80-IA of the Act?
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4. os itxa 1223-16.doc
(iii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that no adjustment is required to be made to the profit and loss A/c (prepared as per Companies' Act) for profit on sale of investment and loss on sale of fixed assets while computing profits u/S 115JB?"
2. Mr. Suresh Kumar waives service.
3. Registry is directed to communicate copy of this order to the Tribunal. This would enable the Tribunal to keep papers and the proceedings relating to the present appeal available, to be produced when sought for by the Court.
4. To be heard with Income Tax Appeal No. 175 of 2015 and connected appeals.
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