The Principal Commissioner of Income-tax v. Siyaram Metals Pvt. Ltd
[Citation -2020-LL-0203-7]

Citation 2020-LL-0203-7
Appellant Name The Principal Commissioner of Income-tax
Respondent Name Siyaram Metals Pvt. Ltd.
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 03/02/2020
Assessment Year 2004-05
Judgment View Judgment
Keyword Tags suppressed sales • question of law • central excise
Bot Summary: The Revenue has proposed the following question of law, for the consideration of this Court: Whether the Appellate Tribunal has erred on law and on facts in deleting the addition made on account of suppressed sales and under invoicing without appreciating that the matter is still pending before the Commissioner of Central Excise for fresh adjudication Page 1 of 2 Downloaded on : Wed Feb 05 09:53:21 IST 2020 C/TAXAP/46/2020 ORDER 3. Our attention has been drawn to the order passed by this Court dated 25th June, 2019 Tax Appeal No.183 of 2019, in the case of very same assesses. In Tax Appeal No.183 of 2019 for the A.Y.2002-03, the very same question, as proposed in the present appeal, was considered by this Court. The Tax Appeal No.183 of 2019 came to be dismissed by this Court. Having heard Ms.Bhatt, the learned senior standing counsel appearing for the Revenue and having considered the proposed question of law and also having gone though the findings on record by the Tribunal, we are of the view that no error not to speak of any error of law could be said to have been committed by the Tribunal while passing the impugned order. The question proposed, cannot be termed as the question of law much less the substantial question of law. In the result, the Tax Appeal fails and is hereby dismissed.


C/TAXAP/46/2020 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 46 of 2020 PRINCIPAL COMMISSIONER OF INCOME TAX Versus SIYARAM METALS PVT. LTD. Appearance: MRS MAUNA M BHATT(174) for Appellant(s) No. 1 for Opponent(s) No. 1 CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 03/02/2020 ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. This Tax Appeal, under Section 260(A) of Income Tax Act, 1961 (for short Act, 1961 ), is at instance of Revenue and is directed against order passed by Income Tax Appellate Tribunal, Rajkot Bench, Rajkot dated 28th June, 2019, in ITA No.359/RJT/2012 for A.Y.2004-05. 2. Revenue has proposed following question of law, for consideration of this Court: Whether Appellate Tribunal has erred on law and on facts in deleting addition made on account of suppressed sales and under invoicing without appreciating that matter is still pending before Commissioner of Central Excise for fresh adjudication? Page 1 of 2 Downloaded on : Wed Feb 05 09:53:21 IST 2020 C/TAXAP/46/2020 ORDER 3. Our attention has been drawn to order passed by this Court dated 25th June, 2019 [Tax Appeal No.183 of 2019], in case of very same assesses. In Tax Appeal No.183 of 2019 for A.Y.2002-03, very same question, as proposed in present appeal, was considered by this Court. Tax Appeal No.183 of 2019 came to be dismissed by this Court. 4. Having heard Ms.Bhatt, learned senior standing counsel appearing for Revenue and having considered proposed question of law and also having gone though findings on record by Tribunal, we are of view that no error not to speak of any error of law could be said to have been committed by Tribunal while passing impugned order. question proposed, cannot be termed as question of law much less substantial question of law. 5. In result, Tax Appeal fails and is hereby dismissed. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) PALAK Page 2 of 2 Downloaded on : Wed Feb 05 09:53:21 IST 2020 Principal Commissioner of Income-tax v. Siyaram Metals Pvt. Ltd
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