Gujarat High Court High Court

Commissioner vs Unknown on 5 July, 2011

Gujarat High Court
Commissioner vs Unknown on 5 July, 2011
Author: Akil Kureshi, Gokani,
  
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TAXAP/545/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 545 of 2010
 

 
 
=========================================================


 

COMMISSIONER
OF INCOME TAX-I - Appellant(s)
 

Versus
 


SURESH
RAMCHAND NIHLANI - 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
: 05/07/2011 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)

Counsel
for the revenue submitted that Tribunal deleted the penalty only on
the ground that on the issue of quantum additions, issue is remanded
back before the Assessing Officer. She submitted that the order of
the Tribunal on the quantum additions was carried in appeal before
the High Court and the High Court had after interfering with the
order of the Tribunal, remanded the proceedings back to the Tribunal
for consideration on merits. In that view of the matter, she
submitted that the issue of penalty also is required to be considered
by the Tribunal on merits.

Issue
Notice for final disposal returnable on 2nd
August, 2011.

(AKIL
KURESHI, J.)

(Ms.SONIA
GOKANI, J.)

   

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