Commissioner vs Unknown on 22 March, 2011

   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	


 


	 

TAXAP/208/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 208 of
2010 
=========================================================

 

COMMISSIONER
OF INCOME TAX-III - Appellant(s)
 

Versus
 

ORIENT
FABRITEX 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
: 22/03/2011 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)

1. Learned
Counsel, Shri. Mauna M. Bhatt, for the revenue, submitted that the
Tribunal dismissed the appeal without entering into the merits, on
the premises that being loss declared by the assessee, there would be
only notional tax effect. He, further, submitted that the appropriate
computation of loss would be necessary and may have relevance, if, in
subsequent years, the assessee declares profits. He submitted that in
this case the amount involved is in excess of the limit laid down in
the circular, prevalent at the relevant point of time. This appeal,
therefore, deserves to be admitted.

2. This
appeal is ADMITTED for considering the following
question of law:

” Whether the
Appellate Tribunal is right in law and on facts in dismissing the tax
appeal of the revenue on the ground of low tax effect, though the
notional tax effect exceeded the monetary limit prescribed by the
board?”

3. To
be heard with TAX APPEAL NO.977 OF 2009 and connected
appeals.

(AKIL
KURESHI,J.)

(Ms.

SONIA GOKANI,J.)

Umesh/

Top