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TAXAP/112620/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1126 of 2008
=========================================================
ZINCOLLIED
(INDIA) - Appellant(s)
Versus
INCOME
TAX OFFICER - Opponent(s)
=========================================================
Appearance
:
MR
TUSHAR P HEMANI for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 25/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
Mr.Tushar Hemani, learned
advocate appearing for the appellant assessee has submitted that
many Tax Appeals have been admitted by this Court involving the same
substantial question of law. He has placed on record the order of
admission passed by this Court on 23.11.2007 in Tax Appeal No.394 of
2007 filed by Gujarat Flurochemicals Ltd.
In the above view of the
matter, this Tax Appeal is admitted in terms of the following
substantial question of law.
Whether,
in the facts and circumstances of the case, the Income Tax Appellate
Tribunal was right in law in holding that depreciation, whether
claimed or not, has to be foisted upon the assessee even prior to
insertion of Explanation 5 to S.32(1) of the Act with effect from
01/04/2002, while calculating deduction under Chapter VI-A of the
Act?
Issue notice to the other
side. Additional paper book, if any, be filed within three months.
To be heard alongwith Tax
Appeal No.394 of 2007 and other cognate matters.
(K. A. PUJ, J.) (B. N. MEHTA, J.)
kks
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