In Hotel Sabar Pvt.ltd v. Commissioner Of Income Tax, the High Court (2002) allowed the appeal. The decision went in favour of the assessee.
Issue: Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- HOTEL SABAR PVT.LTD.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
INCOME TAX REFERENCE No 54 of 1990
For Approval and Signature:
Hon'ble MR.JUSTICE M.S.SHAH
and
Hon'ble MR.JUSTICE K.A.PUJ
============================================================
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 Civil Judge? : NO --------------------------------------------------------------
HOTEL SABAR PVT.LTD.
Versus
COMMISSIONER OF INCOME TAX
--------------------------------------------------------------
Appearance:
1. INCOME TAX REFERENCE No. 54 of 1990
SERVED BY RPAD - (N) for Petitioner No. 1
MR TANVISH BHATT for Respondent No. 1
--------------------------------------------------------------
CORAM : MR.JUSTICE M.S.SHAH
and
MR.JUSTICE K.A.PUJ
Date of decision: 04/07/2002
ORAL JUDGEMENT
(Per : MR.JUSTICE M.S.SHAH)
�Though served, none appears for the
applicant-assessee. Mr Tanvish Bhatt, learned standing
counsel appears for the respondent-revenue.
�Since this is a reference at the instance of the
assessee and none appears for the assessee though the reference is pending since 1990, we decline to answer the question referred to us which was in respect of assessment years 1976-77 and 1977-78.
�The reference is accordingly disposed of.
��(M.S. Shah, J.)�(K.A. Puj, J.)
sundar/-
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