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TAXAP/202/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 202 of 2005
WITH
TAX
APPEAL No. 204 of 2005
=====================================================COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
REPROPACK
PVT. LTD. - Opponent(s)
=====================================================
Appearance
:
MR MANISH R BHATT for
Appellant(s) : 1,
None for Opponent(s) :
1,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 10/10/2005
COMMON
ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
1 The
following common question has been proposed in both these appeals :
?SWhether
the Appellate Tribunal is right in law and on facts in holding that
capital gain chargeable to tax u/s. 46(2) will also be eligible for
grant of benefit envisaged in section 47(v) of the Act ???
2 Mr.M.R.Bhatt,
learned Standing Counsel appearing on behalf of the
appellant-revenue has submitted that Tribunal has followed its
decision dated 19/12/2002 in case of Alkapuri Investment (P) Ltd.
against which the appellant revenue had carried the matter by
way of Appeal before this Court, and by order dated 21/03/2005 made
in Tax Appeal No.516 of 2003 this Court has rejected identical
question proposed being question No.4 in the said appeal. Again in
case of A.C.I.T. V/s.Alkapuri Investment (P) Ltd. by order dated
4/7/2005 in Tax Appeal No.423 of 2004 this Court has rejected
identical question and dismissed the appeal.
3 In
the circumstances, for the reasons stated in order dated 21/03/2005
and 4/7/2005 in case of Alkapuri Investment (P) Ltd. (supra)
these appeals are dismissed.
(D.A.Mehta,
J) (H.N.Devani, J)
m.m.bhatt
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