COMMISSIONER OF INCOME TAX Vs. GOKUL METALIZERS PVT. LTD.
LAWS(GJH)-2014-12-49
HIGH COURT OF GUJARAT
Decided on December 04,2014

COMMISSIONER OF INCOME TAX Appellant
VERSUS
Gokul Metalizers Pvt. Ltd. Respondents

JUDGEMENT

K.S. Jhaveri, J. - (1.) BY way of these appeals, the Appellant -Revenue in Tax Appeal No. 347/2002 has challenged the judgment and order dated 30.10.2001 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA No. 3972/Ahd/1995 for AY 1992 -93, in Tax Appeal No. 96/2006 has challenged the judgment and order dated 5.7.2005 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA No. 850/Ahd/1999 for AY 1994 -95, in Tax Appeal No. 97/2006 has challenged the judgment and order dated 5.7.2005 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA No. 851/Ahd/1999 for AY 1995 -96, and in Tax Appeal No. 536/2006 has challenged the judgment and order dated 16.8.2005 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA No. 685/Ahd/1999 for AY 1993 -94. In all these appeals, the respondent -assessee is same, therefore, all these appeals are disposed of by this common judgment.
(2.) WHILE admitting Tax Appeal No. 347/2002, this Court has framed the following substantial question of law: "Whether the Appellate Tribunal was right in law and on facts in deleting the addition of Rs. 12,99,928/ - and holding that the unutilized evaporation boats were spare parts and, therefore, would not be included in the closing stock at the end of the year, contrary to the provisions of section 145 of the Income -tax Act, 1961 - While admitting Tax Appeals Nos. 96/2002 and 97/2002, this Court has framed the following substantial question of law: "Whether the Appellate Tribunal was right in law and on facts in deleting the addition of Rs. 7,73,391/ - and holding that the unutilized evaporation boats were spare parts and, therefore, would not be accountable in the closing stock at the end of the year, contrary to the provisions of section 145 of the Income -tax Act, 1961 -
(3.) WHILE admitting Tax Appeal No. 96/2002 and 97/2002, this Court has framed the following substantial question of law: "Whether the Appellate Tribunal was right in law and on facts in holding that the unutilized evaporation boats were spare parts and, therefore, would not be accountable in the closing stock at the end of the year, contrary to the provisions of section 145 of the Income -tax Act, 1961 -;


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