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TAXAP/1446/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1446 of 2006
=====================================
COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
AKALU
HOLDINGS PVT. LTD. - Opponent(s)
======================================
Appearance :
MR
MANISH R BHATT for Appellant(s) : 1,
None
for Opponent(s) : 1,
======================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE Y.R.MEENA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/07/2007
ORAL
ORDER
The
following question has been proposed for admission of this appeal:-
?SWhether
the appellate tribunal is right in law and on facts in confirming
the order passed by the CIT (A) deleting the disallowance of
interest which was made by the Assessing Officer u/s.36(1)(iii) on
the ground that the purchase of shares was mainly for acquiring
controlling rights in another company???
Learned
counsel for the revenue fairly admits that similar question has
been considered by this Court in the case of the very assessee in
C.I.T. v. Akalu Holdings Pvt. Ltd., Tax Appeal No.935 of
2006 and the appeal was not admitted by the order dated 22.12.2006.
Following our earlier order in the aforesaid appeal, no case is made
out for admission of this appeal.
The
appeal stands dismissed at the admission stage.
(Y.R.MEENA,
C.J.)
(AKIL
KURESHI, J.)
(vjn)
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