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TAXAP/1957/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1957 of 2010
=========================================================
COMMISSIONER
OF INCOME TAX-V - Appellant(s)
Versus
UTTAR
GUJARAT SAHKARI RUVECHAN SANGH LTD - Opponent(s)
=========================================================
Appearance
:
MR
MANISH BHATT for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 14/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Revenue
has challenged the order of the Tribunal dated 5.3.2010 by virtue of
which application filed by the assessee to recall the previous
judgement of the Tribunal was allowed. Tribunal exercising powers
under Section 254(2) of the Act found that an error was committed.
To rectify the error, order was passed.
Having
heard learned counsel for the Revenue, we do not find any error in
the order passed by the Tribunal. We are therefore, not inclined to
entertain the appeal. Particularly when the Revenue has already
preferred Tax Appeal against the substantive order of the Tribunal,
this appeal is not required to be entertained. Tax Appeal is
accordingly dismissed.
(Akil
Kureshi,J.)
(Ms.
Sonia Gokani,J.)
(raghu)
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