PATIDAR OIL CAKE INDUSTRIES vs. COMMISSIONER OF INCOME-TAX

ITR/133/1987HC GujaratGJHC24011866198719 July 2001Author: HONOURABLE MR. JUSTICE ANIL R. DAVE,HONOURABLE MR. JUSTICE D.A.MEHTA2 pages
AI SummaryDismissed

What were the facts?

The assessee, Patidar Oil Cake Industries, sought a reference to the High Court of Gujarat at Ahmedabad. The Income Tax Appellate Tribunal, Ahmedabad Bench 'C', referred a question of law under Section 256(1) of the Income-tax Act, 1961. The reference was at the instance of the assessee. The Commissioner of Income-tax was the respondent. The specific assessment year(s) are not recorded. The dispute pertains to the applicability of Section 40(b) of the Income-tax Act, 1961.

What did the High Court hold?

The High Court answered the question referred to it in the affirmative, meaning in favour of the revenue and against the assessee. The reasoning was based on the law laid down by the same court in a previous judgment, I.T.R. No. 22/86 dated 19th July 2001, which addressed a similar legal issue. The court found that the provisions of Section 40(b) were indeed rightly applied in the assessee's case, as per the precedent. The reference was disposed of with no order as to costs. No specific amount in dispute was mentioned. No issues were left undecided.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the provisions of Section 40(b) of the I.T. Act 1961 were rightly applied in the assessee's case? (Question of law). The assessee contended that Section 40(b) was not rightly applied. The revenue contended that Section 40(b) was rightly applied. The judgment does not explicitly detail the arguments of each side beyond the framing of the question and the eventual answer. The court referred to a previous judgment of the same court in I.T.R. No. 22/86 dated 19th July 2001, which dealt with a similar question of law.

Which sections of the Income-tax Act were involved?

Section 40(b),Section 256(1)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

INCOME TAX REFERENCE No 133 of 1987

For Approval and Signature:

Hon'ble MR.JUSTICE A.R.DAVE and Hon'ble MR.JUSTICE D.A.MEHTA

============================================================ 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

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 40(b)

All 411 judgments and leading authorities on Section 40(b) →

Recent GST High Court judgments

Search GST case law →