COMMISSIONER OF INCOME TAX-II vs. G H C L LTD

TAXAP/395/2012 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL No. 395 of 2012 For Approval and Signature: HONOURABLE MR.JUSTICE V. M. SAHAI HONOURABLE MR.JUSTICE N.V. ANJARIA ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= COMMISSIONER OF INCOME TAX-II - Appellant(s) Versus G H C L LTD - Opponent(s) ========================================= Appearance : Mr.M.R.Bhatt, Senior counsel with MRS MAUNA M BHATT for the Appellant. Mr.S.N.Soparkar, Senior Counsel with MRS SWATI SOPARKAR and Mr.Bandish Soparkar for the Opponent. ========================================= CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE N.V. ANJARIA Date : 19/07/2012

TAXAP/395/2012 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.M.R.Bhatt, learned senior counsel assisted by Ms.Mauna Bhatt appearing for the revenue and Mr.S.N.Soparkar, learned senior counsel assisted by Ms.Swati Soparkar and Mr.Bandish Soparkar appearing for the assessee. 2. This Tax Appeal has been filed by the appellant on the following proposed substantial questions of law: Whether the Appellate Tribunal has substantially erred in law and on facts in directing the Assessing Officer to process the deduction under Section 80HHC to be worked out on the basis of adjusted book profit under Section 115JA and not on the basis of profit under regular provisions of law applicable to the computation of profit and gains of the business and thereby restoring the issue to the Assessing Officer ? 3. The Tribunal, after relying on the decision of the Apex Court in Syncome Formulations (I)Ltd. (2007) 106 ITD 193, wherein the Apex Court has held that the deduction claimed by the assessee under section 80HHC has to be worked out on the basis of the adjusted book profit under section 115JA and not on the basis of the profit computed under regular provisions of law applicable to computation of profits and gain of business. Further the Tribunal has relied on the decision of the Apex Court in CIT vs. Bhari Information Tech.System Pvt.Ltd. (2012) 340 ITR 593 in which it is directed to the Assessing Officer that deduction claimed by the assessee under section 80HHC be worked out on the basis of the adjusted book profit under section 115JA and not on the basis of the profit under regular provisions of law applicable to computation

TAXAP/395/2012 3/3 JUDGMENT of profits and gain of business. The decision of the Apex Court has been followed and the Tribunal has passed an order on 30.12.2011 and restored the file to the Assessing Officer and direction has been issued to the Assessing Officer to compute deduction under section 80HHC by following decision of the Apex Court in Bhari Information Tech.System Pvt.Ltd. (supra), after affording an opportunity of hearing to the assessee. 4. We do not find any illegality in the impugned order passed by the Tribunal nor we find that any substantial question of law arises for consideration of this Court. The proposed question does not raise any question of law. The Appeal is devoid of any merits and it is accordingly dismissed. (V.M.SAHAI,J) (N.V.ANJARIA,J) ***vcdarji