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Commissioner Of Income Tax Iv vs Suzlon Energy

High Court Of Gujarat|20 September, 2013
Learned advocate Mr.Tushar Hemani waives the service of notice of Rule on behalf of the opponent.
Applicant-Department seeks recall of our order dated April 03, 2013 in Tax Appeal No.223 of 2013 on the ground that the question with respect to expenses such as staff salary of corporate office, audit fees, building rent and communication expenses, was not gone into by this Court, though arose for consideration in appeal. We accept the suggestion. The learned counsel for the Revenue clarified that with respect to our discussion in the said order regarding remaining question, this application has no bearing.
Under the circumstances, Tax Appeal No.223 of 2013 is restored to file. It shall be placed before the regular Bench for consideration of Question No.2 in appeal memo which, as rightly pointed out by the learned counsel for the Revenue, was not considered in its entirety.
The application stands disposed of in above terms. Rule is made absolute accordingly.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) Aakar Page 2 of 2
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