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TAXAP/922/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 922 of 2010
=========================================================
COMMISSIONER
OF INCOME TAX - III - Appellant(s)
Versus
M/S
RIDDHI SIDDHI GLUCO BOILS 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
Date
: 26/09/2011
ORAL
ORDER
(Per
: HONOURABLE MS JUSTICE SONIA GOKANI)
Revenue
has proposed following questions of law for determination of this
Court in the present Tax Appeal which arises out of Order dated
18th December 2009
passed by the Income Tax Appellate Tribunal, Ahmedabad Bench
(hereinafter referred to as “the
Tribunal”).
(A) “Whether the
Appellate Tribunal is right in law and on facts in directing the
Assessing Officer to allow the expenditure Rs 1,15,711/- which
related to earlier years ?”
(B) “Whether the
Appellate Tribunal is right in law and on facts in directing the
Assessing Officer to allow depreciation on all the additions made to
the fixed assets adopting WDV ?
2. As
far as question one is concerned which relates to allowance of
expenditure to the tune of 1,15,711/- this Court while deciding Tax
Appeal No. 915/10 has elaborately discussed this issue and
adjudicated the same in favour of the assessee and against the
revenue. As this issue therefore being identical requires no further
consideration is answered accordingly.
3. The
second question pertains to depreciation of all the additions made to
the fixed assets adopting written down value (WDV). Notice be
issued to the otherside returnable after three weeks ie 14th
October 2011.
(Akil
Kureshi,J.)
(Ms
Sonia Gokani,J.)
mary//
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