Gujarat High Court
The Commissioner Of Income Tax ... vs Gujarat Maritime Board on 17 February, 2020
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Bhargav D. Karia
C/TAXAP/18/2020 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 18 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J.B.PARDIWALA Sd/
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA Sd/
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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THE COMMISSIONER OF INCOME TAX (EXEMPTIONS)
Versus
GUJARAT MARITIME BOARD
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Appearance:
MRS MAUNA M BHATT for the Appellant.
MR SN SOPARKAR, SR.ADVOCATE with MR G H VIRK for the Opponent.
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 17/02/2020
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) This Tax Appeal under Section 260A of the Income Tax Act, 1961, is at the instance of the Revenue and is directed against Page 1 of 3 Downloaded on : Sun Jun 14 12:31:52 IST 2020 C/TAXAP/18/2020 JUDGMENT the order passed by the Income Tax Appellate Tribunal, 'C' Bench, Ahmedabad, dated 30th July 2019, in the ITA No.2991/Ahd/2013 for the Assessment Year 2009-10.
The Revenue has proposed the following substantial questions of law for the consideration of this Court :
"(A) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in negating the findings of the CIT(A) as well as the Assessing Officer denying the benefits of Sections 11 and 12 of the Act by invoking proviso to Section 2(15) r.w. Section 13(8) of the Act?
(B) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in allowing the assessee's appeal without appreciating that Revenue has filed Tax Appeal No.408 of 2012 before this Hon'ble Court against the decision of the Appellate Tribunal restoring registration under Section 12AA of the Act cancelled by the CIT ?
(C) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in allowing the accumulation of 15% without appreciating the fact that once the provision of Section 2(15) r.w. Section 13(8) is applicable, the assessee forfeits all the exemptions under Sections 11 and 12 of the Act ?
(D) Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in deleting the Page 2 of 3 Downloaded on : Sun Jun 14 12:31:52 IST 2020 C/TAXAP/18/2020 JUDGMENT deduction in the fixed assets of Rs.34,49,94,135/- without appreciating the fact that once the provision of Section 2(15) r.w. Section 13(8) is applicable, the assessee forfeits all the exemptions under Sections 11 and 12 of the Act ?"
In view of the judgment and order passed by this Court in the Tax Appeal No.408 of 2012 dated 17 th February 2020, the substantial questions of law as proposed by the Revenue are answered against the Revenue and in favour of the assessee.
The Appeal fails and is hereby dismissed.
(J. B. PARDIWALA, J.) (BHARGAV D. KARIA, J.) /MOINUDDIN Page 3 of 3 Downloaded on : Sun Jun 14 12:31:52 IST 2020