Commissioner Of Income Tax v. Cadila Laboratories P.ltd.co

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX APPLICATION No 15 of 1997 For Approval and Signature: Hon'ble MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE A.R.DAVE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- COMMISSIONER OF INCOME TAX Versus CADILA LABORATORIES P.LTD.CO. -------------------------------------------------------------- Appearance: MR MIHIR JOSHI for Petitioner MR BP GUPTA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE A.R.DAVE Date of decision: 13/01/98 ORAL JUDGEMENT (Per R.K.Abichandani,J.) �The following questions are suggested by the Revenue for the opinion of this Court in this application made under Section 256 of the Income Tax Act:- made under Section 256 of the Income Tax Act:- 1. "Whether, the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to consider the amount of Rs. 68,000/- in respect of premia paid for purchase of deferred annuity policies in respect of two Managing Directors of the assessee company as perquisite for the purpose of Section 40A (5)"? 2. "Whether, the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to allow depreciation on the staff quarters at Kandla when the flats purchased remained vacant during the previous year?" �After hearing the learned Counsel for both the sides, we are of the view that the aforesaid questions of law arise for our opinion from the order of the Tribunal and we therefore, direct the Appellate Tribunal to forward statement of case in respect of these two questions. This application is disposed of accordingly. Rule is made absolute with no order as to costs. ----- */Mohandas