Commissioner Of Income Tax v. Stellaben

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX APPLICATION No.219 of 1999 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 STELLABEN D/O.JIVANLAL KINARIWALA -------------------------------------------------------------- Appearance: 1. INCOME TAX APPLICATION No. 219 of 1999 MR MANISH R BHATT for Applicant No. 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 passed by the Commissioner of Income-tax (Appeal) directing to exclude the income of 4 BOIs from the income of the assessee ?" �2. "Whether, the Appellate Tribunal ought not to have appreciated that the ratio of the decision in the case of Mc.Dowell & Company was Applicable in the instant case ? 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'