Dismissed

The Principal Commissioner of Income TAX-1 v. Ankur Protein Industries Ltd.

Gujarat HC26 Aug 2019TAXAP/579/2019

Case brief

AI extract

What is this about?

The Gujarat High Court dismissed the recharge appeal filed by the Revenue against the Income Tax Appellate Tribunal. The Court held that the legal questions raised were no longer res integra due to existing decisions of this Court in General Motors India and Commissioner of Income-tax Vs. Mitesh Implex.

What did the court decide?

The tax appeal was dismissed; the connected tax appeal also stands dismissed.

The Principal Commissioner of Income TAX-1 Vs Ankur Protein… — Income Tax | Gujarat HC (2019)

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C/TAXAP/579/2019 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/TAX APPEAL NO. 579 of 2019

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With

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R/TAX APPEAL NO. 580 of 2019

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE J.B.PARDIWALA

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and

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HONOURABLE MR.JUSTICE A.C. RAO

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==========================================================

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1 Whether Reporters of Local Papers may be allowed to NO
see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy of the NO
judgment ?
4 Whether this case involves a substantial question of law NO
as to the interpretation of the Constitution of India or any
order made thereunder ?
==========================================================
THE PRINCIPAL COMMISSIONER OF INCOME TAX-1

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Versus

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ANKUR PROTEIN INDUSTRIES LTD.

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========================================================== Appearance:

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MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR MANISH J SHAH(1320) for the Opponent(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and

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HONOURABLE MR.JUSTICE A.C. RAO

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Date : 26/08/2019

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COMMON ORAL JUDGMENT

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Page 1 of 3

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C/TAXAP/579/2019 JUDGMENT

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(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

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Since the issues raised in both the tax-appeals are the same and the assessee is also the same, those were heard analogously and are being disposed of by this common judgment and order.

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The Tax Appeal No.579 of 2019 is treated as the lead matter.

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This Tax Appeal under Section-260A of the Income Tax Act, 1961 [for short 'The Act, 1961' ] is at the instance of the revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabad 'C' Bench, Ahmedabad dated 13/12/2018 in the IT(SS)A No.110/AHD/2016 for the A.Y.-2006-07.

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The revenue has proposed the following two questions of law for the consideration of this Court.

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[A] Whether the Appellate Tribunal has erred in law and on facts in allowing carry forward of unabsorbed depreciation of Rs.3,74,81,609/- following Circular No.14 of 2001 without appreciating that the amendment to the Finance Act was prospective?

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[B] Whether the Appellate Tribunal has erred in law and on facts in allowing fresh claim of business expenses of Rs.62,11,877/- despite the fact that the assessee had not made such claim in the return of income?

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The first question is no longer res-integra in view of the decision of this Court in the case of General Motors India Private Limited Vs. Deputy Commissioner of Income Tax reported in 354 ITR 244 and the second question as proposed by the revenue is also no longer res-integra in view of the decision of this Court in the case of Commissioner of Income-tax Vs. Mitesh Implex reported in 367 ITR 85 .

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Page 2 of 3

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C/TAXAP/579/2019 JUDGMENT

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As both the proposed questions of law are squarely covered, this appeal fails and is hereby dismissed. The connected tax appeal would also stands dismissed.

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(J. B. PARDIWALA, J)

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(A. C. RAO, J)

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aruna

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Page 3 of 3

The Principal Commissioner of Income TAX-1 v. Ankur Protein Industries Ltd.

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The Principal Commissioner of Income TAX-1 v. Ankur Protein Industries Ltd.

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The Principal Commissioner of Income TAX-1 Vs Ankur Protein Industries Ltd.

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