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TAXAP/921/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 921 of 2009
To
TAX
APPEAL No. 922 of 2009
=========================================================
COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
SUN
PHARMACEUTICAL INDUSTRIES LIMITED - Opponent(s)
=========================================================
Appearance
:
MRS
MAUNA M BHATT for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 21/09/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
Heard Ms.Mauna M. Bhatt,
learned Standing Counsel appearing for the appellant – revenue.
Considering the facts and
circumstances of the case and further considering the controversy
involved in the present Tax Appeal we are of the view that the
Appeals deserve admission and hence both these Appeals are admitted.
We formulate the following question as substantial question of law
for determination and consideration of this Court.
Tax
Appeal No.921 of 2009 Assessment years 1998-1999
Whether the Appellate
Tribunal is right in law and on facts in deleting the addition of
Rs.1,80,43,101/- made on account of lease equalization charges
while computing the book profit under Section-115JA of the Act ?
Tax
Appeal No.922 of 2009 Assessment years 1999-2000
Whether the
Appellate Tribunal is right in law and on facts in deleting the
addition of Rs.1,83,38,132/- made on account of lease equalization
charges while computing the book profit under Section-115JA of the
Act ?
Notice to the other side.
Additional paper-book, if
any, be filed within three months from today.
Office is directed to
place copy of this order in each of the above matters.
(K. A. PUJ, J.) (HARSHA DEVANI, J.)
kks
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