Commissioner Of Income Tax v. Gujarat State Road Transport Corporation

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 22 of 1983 For Approval and Signature: Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION -------------------------------------------------------------- Appearance: MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) �The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Sections 11 & 12 of the I.T.Act. 1961. The authorities below had accepted the contention of the assessee on the basis of a decision of A.P. High Court reported in 100 ITR 392. This decision has now been confirmed by the Honourable Supreme Court. It is reported in 159 ITR 1. The controversy therefore is now concluded by the pronouncement of the Apex Court. The Reference will have to be negatived as the aforesaid controversy is already decided in favour of the assessee. In other words, the Assessee is entitled to exemption. The Reference is disposed of accordingly. ***** IN THE HIGH COURT OF GUJARAT AT AHMEDABAD For Approval and Signature: Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION ------------------------------------------------------------- MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT� ��Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) �The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Sections 11 & 12 of the I.T.Act. 1961. The authorities below had accepted the contention of the assessee on the basis of a decision of A.P. High Court reported in 100 ITR 392. This decision has now been confirmed by the Honourable Supreme Court. It is reported in 159 ITR 1. The controversy therefore is now concluded by the pronouncement of the Apex Court. The Reference will have to be negatived as the aforesaid controversy is already decided in favour of the assessee. In other words, the Assessee is entitled to exemption. The Reference is disposed of accordingly. ���***** IN THE HIGH COURT OF GUJARAT AT AHMEDABAD For Approval and Signature: Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION ------------------------------------------------------------- MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT� ��Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) �The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION ------------------------------------------------------------- MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT� ��Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) �The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Sections 11 & 12 of the I.T.Act. 1961. The authorities below had accepted the contention of the assessee on the basis of a decision of A.P. High Court reported in 100 ITR 392. This decision has now been confirmed by the Honourable Supreme Court. It is reported in 159 ITR 1. The controversy therefore is now concluded by the pronouncement of the Apex Court. The Reference will have to be negatived as the aforesaid controversy is already decided in favour of the assessee. In other words, the Assessee is entitled to exemption. The Reference is disposed of accordingly. ���*****