Praful Silk Factory v. Commissioner Of Income Tax

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX APPLICATION No 140 of 1998 For Approval and Signature: Hon'ble MR.JUSTICE C.K.THAKKER and MR.JUSTICE M.C.PATEL ============================================================ 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? -------------------------------------------------------------- PRAFUL SILK FACTORY Versus COMMISSIONER OF INCOME TAX -------------------------------------------------------------- Appearance: MR JP SHAH for Petitioner MR MANISH R BHATT for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE C.K.THAKKER and MR.JUSTICE M.C.PATEL Date of decision: 20/07/98 ORAL JUDGEMENT (per C.K.THAKKER J.) �We have heard the parties. �In our opinion, the following question of law arises out of the order passed by the Tribunal. "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the penalty u/s 273 (2) (aa) ? �The application is, therefore, allowed. The Tribunal is directed to furnish statement of case in respect of the aforesaid questin under Section 256(2) of the Income Tax Act, 1961 expeditiously. �Rule is made absolute with no order as to costs. Dt. 20.7.1998.����(C.K.THAKKER J.) �����(M.C.PATEL J.) ******