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TAXAP/1973/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1973 of
2010
=========================================================
COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
M/S
CHANOD CINE PARK - Opponent(s)
=========================================================
Appearance
:
MR
MR BHATT, SR. ADV. WITH 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
: 16/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax
Appeal is admitted for consideration of following substantial
question of law :
“Whether
on the facts and circumstances of the case and in law, the Appellate
Tribunal was justified in holding that the assessment of
Rs.37,33,000/- is required to be made on substantive basis for the
A.Y.2002-03 without appreciating the facts that documents related
to the payment of unaccounted money by the assessee have been seized
from the premises of Shri Pravinbhai K. Patel, in whose case a
search action was carried out and accordingly, the assessment made
by the assessing officer u/s.158BD was legally correct ?”
(Akil
Kureshi J.)
(Ms.Sonia
Gokani, J.)
(vjn)
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