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TAXAP/1611/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1611 of 2010
=========================================================
COMMISSIONER
OF INCOME TAX - II - Appellant(s)
Versus
JAY
CHEMICAL INDUSTRIES LTD - Opponent(s)
=========================================================
Appearance
:
MRS
MAUNA M BHATT
for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI 3rd October 2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax
Appeal is admitted for consideration of following substantial
questions of law :-
{A} “Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by the CIT (A) in directing to exclude sales tax and
excise duty from the total turnover for the computation of deduction
u/s. 80HHC even after insertion of Section 145A of the Act ?”
{B} “Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by the CIT (A) in deleting the exclusion of 90% of sales
tax and excise duty refund from the profits while computing the
deduction u/s. 80HHC of the Act ?”
{C} “Whether
the Appellate Tribunal is right in law and on facts n confirming the
order passed by the CIT (A) deleting the exclusion of interest
received from customers parties for late
payment of dues / outstanding ?”
{D} ”
Whether the Appellate Tribunal is right in law and on facts in
confirming the order passed by the CIT (A) deleting the exclusion of
commission and clearing charges in computation of business profit for
the purpose of deduction u/s. 80HHC ?”
{E} “Whether
the Appellate Tribunal is right in law and on facts in holding that
the assessee is entitled to deduction for cost of DEPB licence while
computing deduction u/s. 80HHC ?”
{F} “Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by the CIT (A) deleting the addition of Rs. 8,24,122/=
made to closing stock of finished goods on account of excise element
?”
{G} “Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by the CIT (A) deleting the disallowance of Rs.
45,85,729/= made u/s. 40A (2)(b) of the Act ?”
{Akil
Kureshi, J.}
{Ms.
Sonia Gokani, J.}
Prakash*
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