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TAXAP/1788/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1788 of 2010
=========================================================
COMMISSIONER
OF INCOME TAX-II - Appellant(s)
Versus
MILTON
LAMINATES 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
: 12/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax
Appeal is directed against the decision of the Tribunal dated
17.11.2009 raising following questions for our consideration :
“(A) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in holding that the ground relating to the
Assessing Officer to take into account the DEPB income on actual sale
basis and not on accrual basis while holding that the assessee is not
entitled for deduction under section 80HHC on DEPB/DFRC entitlements
is infructuous?
(B) Whether
the Appellate Tribunal is right in law and of acts in confirming the
order passed by CIT(A) in directing the Assessing Officer to exclude
only the net amount of other export entitlements such as Sales Tax
and Excise Duty refund for computation of deduction u/s.80HHC of the
I.T. Act?”
Insofar
as question(B) is concerned, we find from the record that
CIT(Appeals) had only restored the matter back to the Assessing
Officer making certain observations. Tribunal in turn confirmed such
order of the CIT(Appeals). No question of law therefore, arises.
With
respect to Question(A), counsel for the Revenue submitted that issue
is covered by decision of Bombay High Court in case of CIT v.
Kalpataru Colours and Chemmicals,
(2010) 328 ITR 451 (Bom.) and our Court in judgement dated 10.8.2011
passed in Tax Appeal No.507/2010.
Under
the circumstances, issue notice of final disposal returnable on
16.11.2011, only with respect to question (A).
Direct
service s permitted.
(Akil
Kureshi,J.)
(Ms.
Sonia Gokani,J.)
(raghu)
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