ITR/156/1995 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No. 156 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 (P) LTD. - Respondent(s) ========================================================= Appearance : MR MANISH R BHATT for Applicant None for Respondent ========================================================= 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/156/1995 2/2 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 1984-85, 1985-86 and 1986-87 arising out of the Income-tax Appeals No. 122, 152, 633, 634&732/Ahd/1990. “Whether, the Appellate Tribunal was right in law and on facts in deleting the disallowances in respect of lease rent of Rs.50,000/- which in the opinion of the Assessing Officer was a part payment for acquisition of a capital asset?” 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.] pirzada/-