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TAXAP/2158/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 2158 of 2010
=========================================================
GUJARAT
STATE PETROLEUM CORPORATION LIMITED - Appellant(s)
Versus
JOINT
COMMISSIONER OF INCOME TAX GANDHINAGAR RANGE - Opponent(s)
=========================================================
Appearance
:
MR
S.N.Soparkar, Sr.Advocate with Mrs SWATI SOPARKAR
for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 09/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Tax
Appeal is admitted for consideration of following substantial
question of law:
“Whether,
in the facts and circumstances of the case, the Income Tax Appellate
Tribunal was right in law in disallowing the claim for deduction
u/s.42 of the Act in computing the Book Profits u/s.115JA of the
Act?”
We
may notice that the assessee also raised question of interest under
Section 234-B of the Income Tax Act, 1961 on the assessment framed
on book profit under Section 115J of the Act. However, this question
is not preferred in view of the decision of Apex Court in case of
Joint Commissioner of Income-Tax V/s. Rolta India Ltd.
reported in 330 ITR 470.
To
be heard with Tax Appeal No.2160 of 2010.
(AKIL
KURESHI, J.)
(Ms.SONIA
GOKANI, J.)
(ashish)
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