Commissioner Of Income Tax v. Dilipbhai J. Kinariwala

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX APPLICATION No.130 of 1998 For Approval and Signature: HON'BLE MR.JUSTICE D.A.MEHTA�Sd/- and HON'BLE MS.JUSTICE H.N.DEVANI�Sd/- ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO 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 concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- COMMISSIONER OF INCOME TAX Versus DILIPBHAI J. KINARIWALA -------------------------------------------------------------- Appearance: 1. INCOME TAX APPLICATION No. 130 of 1998 MR MANISH R BHATT for ApplicantNo. 1 MRS SWATI SOPARKAR for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE D.A.MEHTA and HON'BLE MS.JUSTICE H.N.DEVANI Date of decision: 09/12/2004 ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE D.A.MEHTA) 1.�Heard Mr.M.R.Bhatt, learned Senior Standing Counsel for the applicant - revenue and Mr.S.N.Soparkar, learned Senior Advocate for the respondent - assessee. In light of the order dated 22-03-2004 made in Review Petition Nos.1682-1737 of 2003 and Civil Appeal Nos.6148-6157 of 1998 and cognate matters by the Apex Court, the following questions of law arise out of the order of the Income Tax Appellate Tribunal. �"1. "Whether, the Appellate Tribunal is right in law and on facts in confirming the order made by the Commissioner of Income Tax (Appeal) directing the Assessing Officer to include only balance share i.e. after reducing the share which was alleged to be transferred to the family trust ?" �2. "Whether, the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income Tax (Appeal) directing to exclude the income of the minor son under Section 64(1)(iii) of the Act ?" �3. "Whether, the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income Tax (Appeal) deleting the inclusion of the income accrued of arisen to the BOIs from the total income of the assessee ?" �4. "Whether, the Appellate Tribunal ought not to have appreciated that the entire transaction was created with a sole view of evading due taxes ?" 2.�Accordingly, the Tribunal is directed to draw up the statement of case and raise and refer the questions of law for the opinion of this Court. Rule made absolute. ����Sd/-��Sd/- ���[ D.A.MEHTA,J ] [ H.N.DEVANI,J ] * * * 'Bhavesh'