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TAXAP/59020/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 590 of 2008
=========================================================
SHREECHEM
INDUSTRIES - Appellant(s)
Versus
THE
DY. COMMISSIONER OF INCOME TAX - Opponent(s)
=========================================================
Appearance
:
MR
MANISH J SHAH for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 01/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
1. Heard
Mr. J.P. Shah and Mr. Manish J. Shah, learned counsels appearing for
the assessee.
2. For
the reasons recorded in our order of even date passed in Tax Appeal
No. 587 of 2008, this Tax Appeal is admitted in terms of the
following substantial questions of law :
i) Whether
on the facts and in the circumstances of the case, the amount of
Rs.3,81,420/- received by the assessee from Vitramika
Pharmaceuticals Pvt. Ltd. is taxable as divided under Sec.2(22)(e) of
the I.T. Act, 1961 in the hands of the assessee a partnership
firm, which is not a shareholder of said Vitramika ?
(ii) Whether
on the facts and in the circumstances of the case, the Tribunal was
right in law in not adjudicating the ground of jurisdiction under
Section 147 only because the assessee’s counsel did not press the
ground ?
5. Notice
to the other side. Additional paper-book, if any, be prepared within
three months from today. To be heard with Tax Appeal No.587 of 2008.
(K.A.
Puj, J.)
(Bankim
N. Mehta, J.)
/JVSatwara/
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