ITR/153/1995 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No. 153 of 1995 For Approval and Signature: HONOURABLE MR.JUSTICE R.S.GARG HONOURABLE MR.JUSTICE D.H.WAGHELA ========================================================= 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 - Applicant(s) Versus APEX ELECTRICALS PVT. LTD. - Respondent(s) ========================================================= Appearance : MR MANISH R BHATT for Applicant None for Opponent ========================================================= CORAM : HONOURABLE MR.JUSTICE R.S.GARG and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 25/09/2006 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE R.S.GARG) ITR/153/1995 2/3 JUDGMENT 1. The Income-tax Appellate Tribunal, Ahmedabad Bench “C”, at the instance of the Revenue has referred the following question under Section 256[1] of the Income-tax Act, 1961 for the opinion of this Court, which relates to the Assessment Years 1981-82 to 1983-84 arising out of the Income-tax Appeals No. 322/Ahd/1989 and Income-tax Appeals No.1053 & 1054/Ahd/87. “Whether, the Appellate Tribunal was right in law and on facts in directing the ITO to allow deduction in respect of the lease rent which according to the ITO was a capital expenditure?” 2. For the reasons stated in Income Tax Reference No. 239/95 decided today, the question referred to this Court is answered against the interest of the Revenue and in favour of the assessee. The Reference stands disposed of. No costs. [R.S.GARG, J.] [D.H.WAGHELA, J.] ITR/153/1995 3/3 JUDGMENT pirzada/-