Gujarat High Court
Vastushilp vs Chief on 27 March, 2012
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
Gujarat High Court Case Information System
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TAXAP/490/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 490 of 2010
=========================================================
VASTUSHILP
CORPORATION - Appellant(s)
Versus
CHIEF
COMMISSIONER OF INCOME TAX - Opponent(s)
=========================================================
Appearance
:
M/S
WADIA GHANDY &CO for
Appellant(s) : 1,
MR MR BHATT, SR. COUNSEL WITH MRS MAUNA M BHATT
for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 27/03/2012
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 affirming the order under Section 263 of the Income Tax Act, 1961 ["the Act"], by totally overlooking the fact that notice issued under Section 263 did not disclose the relevant criteria for exercising jurisdiction under the said provision.
[2] Whether the Tribunal below committed substantial error of law in overlooking the fact that in order to get benefit under Section 80IB[10] of the Act, it is not necessary that developer must be the owner but that was the basis of issue of notice under Section 263 of the Act.
Since Mrs. Mauna Bhatt has already entered appearance on behalf of the respondent, we propose to fix the matter for final hearing on April 9, 2012.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-Top