Gujarat High Court
The Principal Commissioner Of Income ... vs M./S Torrent Cables Ltd. on 18 December, 2020
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Ilesh J. Vora
C/TAXAP/348/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 348 of 2020
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THE PRINCIPAL COMMISSIONER OF INCOME TAX-3
Versus
M./S TORRENT CABLES LTD.
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Appearance:
MRS MAUNA M BHATT(174) for the Appellant(s) No. 1
MR B S SOPARKAR(6851) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/12/2020
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. This Tax Appeal under Section 260A of the Income Tax, 1961, is at the instance of the Revenue.
2. The Revenue has proposed following two questions of law for consideration of this Court.
(A) Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) deleting the addition of Rs.4,46,24,617/- made on account of untilized MODVAT credit under Section 145A of the Act?
(B) Whether Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) deleting the dis- allowance of additional depreciation of Rs. 1,81,152/- on batteries and air cooled deductible units and compressor which did not qualify as Plant and Machinery for this Page 1 of 2 Downloaded on : Sat Dec 19 05:45:43 IST 2020 C/TAXAP/348/2020 ORDER purpose?"
3. We admit this appeal so far as question (A) is concerned. So far as question (B) as proposed by the revenue is concerned, this appeal stands dismissed.
4. No notice be issued to the respondent Assessee as Mr. Bandish Soparkar, the learned counsel has already entered his appearance.
(J. B. PARDIWALA, J) (ILESH J. VORA,J) A. B. VAGHELA/suchit Page 2 of 2 Downloaded on : Sat Dec 19 05:45:43 IST 2020