Bombay High Court
Vidarbha Veneer Industries Ltd., (In ... vs Income Tax Officer, Ward-7(1), Nagpur on 30 August, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
ITL 34-2022.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
INCOME TAX APPEAL NO. 34 OF 2022
Vidarbha Veneer Industreis Ltd.(In Liquidation), Nagpur
vs.
Income Tax Oficer, Ward- 7(1), Nagpur.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri R.R.Dawda, Advocate for appellant.
S/Shri Anand Parchure, with Bhushan N. Mohta, Advocates for respondent.
CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE :- 30th AUGUST, 2023 On hearing the learned counsel for the parties, the following substantial questions of law arise for consideration in this appeal filed under Section 260-A of the Income Tax Act, 1961 (for short, the Act of 1961).
(i) Whether failure on the part of the Income Tax Appellate Tribunal to consider the appellant's contentions based on non- applicability of Section 50-C of the Act of 1961 as raised in paragraph 1 and especially paragraph 1.6 of the written submissions in support of the appeal which was thereafter also sought to be urged in the Miscellaneous Application filed by the appellant vitiates the consideration of the appeal by the Income Tax Appellate Tribunal to that extent ?
(ii) Whether in the light of the decision in Atul G. Puranik Vs. Income Tax Officer [(2011) 11 ITR 0120] of the Income Tax Appellate Tribunal, the provisions of Section 50-C of the Act of 1961 could have been applied in the matter of transfer of leasehold rights ?
2. Place the appeal for further consideration in the light of the aforesaid substantial questions of law after two weeks.
(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Signed by: Jayant S. Andurkar Andurkar.
Designation: PA To Honourable Judge Date: 30/08/2023 12:18:54