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TAXAP/1976/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1976 of
2009
=========================================================
COMMISSIONER
OF INCOME TAX-I - Appellant(s)
Versus
FRIENDS
OIL & CHEMICAL TERMINAL PVT 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
: 19/04/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Counsel for
the revenue pointed out that with respect to the question of
depreciation on storage tank, the Tribunal in the impugned order
relied on its previous order in case of the same assessee. She
submitted that the issue was carried in appeal by the revenue and
this Court has admitted Tax Appeal No. 1781 of 2008.
2. With respect
to question no.2, we find that the amount involved is less than
Rs.4,000/-. Only on smallness of the claim, we are not inclined to
entertain this question. We further find that the third question is
in the nature of a contention which need not be separately framed.
3. In the result,
this appeal is admitted for consideration of the following question
of law:
“Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT (A) in deleting the addition of Rs.14,05,874/-
made by the Assessing Officer on account of disallowance of
depreciation on storage tank and directed the Assessing Officer to
allow depreciation @ 25% instead of 10%?”
4. To be heard
with Tax Appeal No. 1781 of 2008.
[Akil
Kureshi, J.]
[Ms.
Sonia Gokani, J.]
mrp
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