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Gujarat High Court

Clp Power India Pvt. Ltd vs Additional Commissioner Of Income Tax ... on 15 July, 2014

Author: M.R. Shah

Bench: M.R. Shah, K.J.Thaker

        O/TAXAP/518/2014                                ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       TAX APPEAL NO. 518 of 2014
                                       TO
                           TAX APPEAL NO. 519 of 2014
================================================================
             CLP POWER INDIA PVT. LTD.....Appellant(s)
                           Versus
 ADDITIONAL COMMISSIONER OF INCOME TAX RANGE 1....Opponent(s)
================================================================
Appearance:
MR B S SOPARKAR, ADVOCATE for the Appellant(s) No. 1
================================================================
       CORAM:               HONOURABLE MR.JUSTICE M.R. SHAH
                                               and
                            HONOURABLE MR.JUSTICE K.J.THAKER
                               Date : 15/07/2014
                                  ORAL ORDER

(PER : HONOURABLE MR.JUSTICE M.R. SHAH)

1. It is reported that on similar issue / question other tax appeals are admitted and are pending for final disposal, hence, Tax Appeal No. 518 of 2014 is ADMITTED to consider the following substantial question of law;

"5. ...
1. Whether in facts and circumstances of the case the Income Tax Appellate Tribunal has erred in law in confirming disallowance of expenditure of Rs.4,75,07,667/- under the head profit and gains of business or profession on the ground that is was capital in nature?"
Page 1 of 2
O/TAXAP/518/2014 ORDER
2. So far as Tax Appeal No. 519 of 2014 is concerned, it is ADMITTED to consider the following substantial question of law;
"5. ...
1. Whether in facts and circumstances of the case the Income Tax Appellate Tribunal has erred in law in confirming disallowance of expenditure of Rs.1,63,76,957/- under the head profit and gains of business or profession on the ground that it was capital in nature?"

(M.R.SHAH, J.) (K.J.THAKER, J) UMESH Page 2 of 2