Commissioner Of Income Tax - Applicant(S v. Apex Electricals Pvt. Ltd. - Respondent(S

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No. 153 of 1995 For Approval and Signature: HONOURABLE MR.JUSTICE R.S.GARGHONOURABLE MR.JUSTICE D.H.WAGHELA =========================================================1[Whether Reporters of Local Papers may be allowed ]to see the judgment ?1[Whether Reporters of Local Papers may be allowed ]to see the judgment ? 2To be referred to the Reporter or not ? 3[Whether their Lordships wish to see the fair copy ]of the judgment ?of the judgment ? Whether this case involves a substantial question of law as to the interpretation of the of law as to the interpretation of the 4constitution of India, 1950 or any order made thereunder ?constitution of India, 1950 or any order made thereunder ? 5[Whether it is to be circulated to the civil judge ]?? =========================================================COMMISSIONER OF INCOME TAX - Applicant(s) Versus APEX ELECTRICALS PVT. LTD. - Respondent(s) ========================================================= Appearance :MR MANISH R BHATTfor ApplicantNone for Opponent========================================================= CORAM :HONOURABLE MR.JUSTICE R.S.GARG and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 25/09/2006 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE R.S.GARG) ITR/153/1995 1. The Income-tax Appellate Tribunal, Ahmedabad Bench “C”, at the instance of the Revenue has Bench “C”, at the instance of the Revenue has referred the following question under Section 256[1] of the Income-tax Act, 1961 for the opinion of this Court, which relates to the Assessment Years 1981-82 to 1983-84 arising out of the Income-tax Appeals No. 322/Ahd/1989 and of the Income-tax Appeals No. 322/Ahd/1989 and Income-tax Appeals No.1053 & 1054/Ahd/87. “Whether, the Appellate Tribunal was right in law and on facts in directing the ITO to in law and on facts in directing the ITO to allow deduction in respect of the lease rent which according to the ITO was a capital expenditure?” 2. For the reasons stated in Income Tax Reference No. 239/95 decided today, the question referred No. 239/95 decided today, the question referred to this Court is answered against the interest of the Revenue and in favour of the assessee. The Reference stands disposed of. No costs.The Reference stands disposed of. No costs. [R.S.GARG, J.] [D.H.WAGHELA, J.] pirzada/-