ITR/71/1997 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No.71 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA Sd/- HONOURABLE MR.JUSTICE Z.K.SAIYED Sd/- =================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 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 ? NO 5 Whether it is to be circulated to the civil judge ? NO =================================================== COMMISSIONER OF INCOME-TAX - Applicant(s) Versus M/S.SHANTI DYEING & FINISHING WORKS - Respondent(s) =================================================== Appearance : MRS MM BHATT for Applicant(s) : 1, MR SN DIVATIA for Respondent(s) : 1, =================================================== CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 26/02/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) Both the parties are agreed that except for the fact that the Assessment Year under reference, ITR/71/1997 2/2 JUDGMENT namely, A.Y. 1986-1987, is different, the facts and contentions of the respective sides are identical to those recorded in ITR No.50 of 1997 between the same parties. Hence, it is not necessary to set out the facts and contentions in detail. For the reasons stated in judgment rendered today in ITR No.50 of 1007 the questions referred for the opinion of this Court are answered in the affirmative that is in favour of the assessee and against the revenue. The reference stands disposed of accordingly. There shall be no order as to costs. Sd/- [ D.A. MEHTA, J ] Sd/- [Z.K. SAIYED, J ] *** Bhavesh*