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TAXAP/173/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 173 of 2009
=========================================================
COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
ARJUN
CONSTRUCTION CO - Opponent(s)
=========================================================
Appearance
:
MRS
MAUNA M BHATT for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/02/2011
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. Heard Mr. M.R.
Bhatt, learned Senior Advocate appearing on behalf of the appellant.
ADMIT. The following substantial questions of law arise for
determination:
“A. Whether
the Income Tax Appellate Tribunal is right in law and on facts in
directing the Assessing Officer to compute the income of the assessee
by allowing deduction on account of depreciation of interest from the
estimated net income of 12% of the gross contract receipt?
B. Whether the
Income Tax Appellate Tribunal is right in law and on facts in holding
that though the assessee did not maintain books of accounts, he can
maintain the claim with regard to the salary, interest and
depreciation, which resulted into taxable income being less than the
returned income of the assessee?
[HARSHA DEVANI, J.]
[H.B. ANTANI, J.]
pirzada/-
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