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TAXAP/472/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 472 of 2009
===================================
COMMISSIONER
OF INCOME TAX-I - Appellant
Versus
ALEMBIC
LIMITED - Opponent
===================================
Appearance
:
MR MR BHATT,
SENIOR ADVOCATE WITH MRS
MAUNA M BHATT for Appellant.
MR SN SOPARKAR, SENIOR ADVOCATE WITH
MRS SWATI SOPARKAR for Opponent.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 14/09/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
In view of the order passed by us on 13.09.2010 in
Misc. Civil Application No.122 of 2010, this Tax Appeal is taken up
for admission hearing.
After having heard Mr. M.R. Bhatt, learned Senior
Counsel appearing with Mrs. Mauna M. Bhatt for the appellant and Mr.
S. N. Soparkar, learned Senior Counsel appearing for the respondent,
we deem it fit to admit this appeal and frame the following
substantial question of law for the consideration and determination
of this Court :-
Whether on the facts and in the circumstances of
the case, the Appellate Tribunal was right in law in holding that the
amount set aside by the assessee to provide for meeting liabilities
other than ascertained liabilities was deductible, while computing
the book profit under Section 115JB of the Act ?
Notice to the
other side. Additional paper-book, if any, to be filed within three
months from today.
Sd/-
[K. A. PUJ, J.]
Sd/-
[HARSHA DEVANI, J.]
Savariya
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