LAWS(GJH)-2016-7-94

COMMISSIONER OF INCOME TAX-I Vs. ALEMBIC LIMITED

Decided On July 29, 2016
Commissioner Of Income Tax -I Appellant
V/S
Alembic Limited Respondents

JUDGEMENT

(1.) By way of these appeals, the appellant has challenged order dated 16.07.2008 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench "C", Ahmedabad in ITA No.1750 & 1751/Ahd/2002.

(2.) At the time of admitting present appeals, following questions of law were framed: -

(3.) At the time of hearing of present appeals, learned advocate for the appellant submitted that the Tribunal has committed an error in allowing exclusion of Sales Tax and Excise duty from the total turnover for computing deduction under section 80HHC even after insertion of section 145A of the Act. It is also submitted that the Tribunal has committed an error while allowing the trial run expenses of Rs.1,24,63,848/ - as revenue expenditure without appreciating the fact that such expenses are incurred before the commencement of commercial production. Therefore, it is prayed that this appeal may be allowed.