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TAXAP/949/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 949 of 2008
=========================================================
ASST.
COMMISISONER OF INCOME-TAX, BARODA CIRCLE-4 - Appellant(s)
Versus
RINKI
HYDROCARBONS LTD. - Opponent(s)
=========================================================
Appearance :
MR
KM PARIKH for
Appellant(s) : 1,
MR
MANISH J. SHAH for Respondent
RULE SERVED for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 08/04/2010
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE H.N.DEVANI)
The
Assessment Year is 1998-1999. While admitting the appeal on 17.4.2009
the Court had formulated the following question :
Whether
on the facts and in the circumstances of the case, the tribunal was
right in law to exclude the excise duty at the time of valuing
closing stock at the end of account period? .
2. It
is an admitted position that the controversy involved in the present
case stands concluded by a decision of even date rendered by this
Court in the case of the Assistant Commissioner of
Income Tax, Bharuch Circle Vs. Narmada Chematur Petrochemicals Ltd.,
in Tax Appeal No. 852 of 2007.
3. In
the circumstances, for the reasons stated in Tax Appeal No. 852 of
2007, this appeal is dismissed.
Sd/-
Sd/-
(D.A.
Mehta, J.) (H.N.Devani, J.)
M.M.BHATT
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