Commissioner Of Income Tax v. Gujarat Raffia Industries Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 259 of 1994 For Approval and Signature: Hon'ble MR.JUSTICE B.C.PATEL and MR.JUSTICE R.R.JAIN ============================================================ 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 GUJARAT RAFFIA INDUSTRIES LTD. -------------------------------------------------------------- Appearance: MR MANISH R BHATT for Petitioner NOTICE NOT RECD BACK for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE B.C.PATEL and MR.JUSTICE R.R.JAIN Date of decision: 11/07/96 ORAL JUDGEMENT �At the instance of the Revenue, the following question is referred to this Court under Section 256 (1) of the Income Tax Act, 1961 :- question is referred to this Court under Section 256 (1) "Whether, the Appellate Tribunal is right in law and on facts in directing the I.T.O. not to deduct the amount of subsidy from the written down value of the assets and for computing depreciation ?" 2.�The Tribunal decided the controversy following the decision of this Court in the case of CIT vs. Grace Paper Industries Pvt. Ltd. reported in (1990) 183 ITR 591. This case is also covered by the decision of the Apex Court in the case of CIT vs. P.J.Chemicals, reported in 210 ITR 830. Hence, the question is required to be answered against the Revenue and in favour of the Assessee. Accordingly, we answer the question in favour of the Assessee and against the Revenue. 3.�It is shown in the board that the notice issued to the respondent assessee is not received back. However, as we are passing the order in favour of the assessee, we are disposing of this matter. 4.�This reference is disposed of accordingly with no order as to costs.