COMMISSIONER OF INCOME TAX IV....Appellant(s) Versus SUZLON ENERGY LTD....Opponent(s) ============================================= Appearance:
MS PAURAMI B SHETH, ADVOCATE for the Appellant(s) No. 1 MR TUSHAR P HEMANI, ADVOCATE for the Opponent(s) No. 1 MS VAIBHAVI K PARIKH, ADVOCATE for the Opponent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MS JUSTICE SONIA GOKANI Date : 24/09/2013 ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) Heard Ms. Paurami Sheth, learned counsel appearing on behalf of the appellant and Shri Tushar Hemani, learned counsel appearing on behalf of the respondent. Present Tax Appeal is admitted to consider the following substantial questions of law.
1. "Whether the Appellate Tribunal is right in law and on facts in deleting disallowance u/s. 14A of the IT Act in respect of interest expenses incurred for investments in subsidiaries and administrative expenses such as staff salary of corporate office, audit fees, building rent and communication expenses ?"
2. "Whether the Appellate Tribunal is right in law and on facts in deleting disallowance of deduction u/s. 80IB of the IT Act in respect of duty drawback income of Rs. 15,48,64,977/= ?"
3. "Whether the Appellate Tribunal is right in law and on facts in deleting disallowance of Rs. 7,12,618/= on account of deduction Page 1 of 2 O/TAXAP/222/2013 ORDER claimed in respect of employees contribution to PF and ESI ?"
Shri Hemani, learned counsel waives service of notice of Admission on behalf of the respondent.
To be heard with Tax Appeal No.38/2008 and 1251/2009. In the facts and circumstances of the case and as the issue is recurring, paper book to be supplied within a period of 3 months and Registry is directed to notify all these appeals for final hearing on 16.12.2013.
(M.R.SHAH, J.) (MS SONIA GOKANI, J.) Ajay Page 2 of 2