Gujarat High Court High Court

Commissioner vs Unknown on 21 September, 2010

Gujarat High Court
Commissioner vs Unknown on 21 September, 2010
Author: K.A.Puj,&Nbsp;Honourable Ms.Justice H.N.Devani,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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TAXAP/921/2009	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

 


 

TAX
APPEAL No. 921 of 2009
 

To


 

TAX
APPEAL No. 922 of 2009
 

 
 
=========================================================

 

COMMISSIONER
OF INCOME TAX - Appellant(s)
 

Versus
 

SUN
PHARMACEUTICAL INDUSTRIES LIMITED - Opponent(s)
 

=========================================================
 
Appearance
: 
MRS
MAUNA M BHATT for
Appellant(s) : 1, 
None for Opponent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.A.PUJ
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MS.JUSTICE H.N.DEVANI
		
	

 

 
 


 

Date
: 21/09/2010  
 
ORAL ORDER

(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)

Heard Ms.Mauna M. Bhatt,
learned Standing Counsel appearing for the appellant – revenue.

Considering the facts and
circumstances of the case and further considering the controversy
involved in the present Tax Appeal we are of the view that the
Appeals deserve admission and hence both these Appeals are admitted.
We formulate the following question as substantial question of law
for determination and consideration of this Court.

Tax
Appeal No.921 of 2009 Assessment years 1998-1999

Whether the Appellate
Tribunal is right in law and on facts in deleting the addition of
Rs.1,80,43,101/- made on account of lease equalization charges
while computing the book profit under Section-115JA of the Act ?

Tax
Appeal No.922 of 2009 Assessment years 1999-2000

Whether the
Appellate Tribunal is right in law and on facts in deleting the
addition of Rs.1,83,38,132/- made on account of lease equalization
charges while computing the book profit under Section-115JA of the
Act ?

Notice to the other side.

Additional paper-book, if
any, be filed within three months from today.

Office is directed to
place copy of this order in each of the above matters.

(K. A. PUJ, J.) (HARSHA DEVANI, J.)

kks

   

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