COMMISSIONER OF INCOME TAX (LARGE TAX PAYER UNIT), KOLKATA vs. UNITED BANK OF INDIA

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ITA/65/2019HC CalcuttaWBCHCO000325201901 December 2023Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal and answered the substantial question of law against the revenue. The Court noted that the learned counsel for the respondent assessee stated that the question involved is squarely covered by the Supreme Court judgment in Deputy Commissioner of Income Tax v. Kerala State Electricity Board (2022) and a judgment of a coordinate Bench of the Calcutta High Court in Principal Commissioner of Income Tax v. Damodar Valley Corporation (2022). Furthermore, the assessee pointed out that a similar Income Tax Appeal filed by the revenue, ITA/116/2019, was decided and dismissed by this Court on 24.11.2023. In view of these submissions and the dismissal of the similar appeal, the Court found no reason to deviate from the established precedents. The operative direction was the dismissal of the appeal.

What were the facts?

This appeal, filed by the Commissioner of Income Tax (Large Tax Payer Unit), Kolkata, concerns Assessment Year 2006-07. The appeal challenges an order or action by the Income Tax Appellate Tribunal (ITAT). The respondent is United Bank of India. The appeal was listed for hearing, but no one appeared on behalf of the appellant (revenue). Counsel for the respondent assessee was present.

What were the issues?

1. Whether the substantial question of law needs to be answered against the revenue. (Question of law) The assessee argued that the issue in the present appeal is squarely covered by the Supreme Court judgment in Deputy Commissioner of Income Tax v. Kerala State Electricity Board (2022) and a coordinate Bench judgment of the Calcutta High Court in Principal Commissioner of Income Tax v. Damodar Valley Corporation (2022). The assessee further contended that a similar appeal filed by the revenue, ITA/116/2019, was dismissed by this Court on 24.11.2023. In light of these precedents, the assessee submitted that the appeal deserves to be dismissed. The revenue did not present any arguments as none appeared for the appellant.

AI-generated summary — verify with the full judgment below

ORDER OD – 23 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA/65/2019 COMMISSIONER OF INCOME TAX (LARGE TAX PAYER UNIT), KOLKATA VERSUS UNITED BANK OF INDIA BEFORE: The Hon'ble Justice SURYA PRAKASH KESARWANI The Hon'ble Justice RAJARSHI BHARADWAJ Date : 1st December 2023. Appearance: Mr. Avra Mazumder, Advocate Mr. Soumitra Chowdhury, Advocate Mr. Samrat Das, Advocate Ms. Elina Dey, Advocate … for the respondent. Case called out. None appears for the appellant. Sri Avra Mazumder, learned counsel for the respondent assessee is present. This appeal relates to AY 2006-07. Learned counsel for the respondent assessee states that the question involved in the present appeal is squarely covered by a judgment of Hon'ble Supreme Court in Deputy Commissioner of Income Tax v. Kerala State Electricity Board reported in (2022) 447 ITR 193 (SC) and a judgment of a coordinate Bench of this Court reported in Principal Commissioner of Income Tax v. Damodar Valley Corporation reported in (2022) 137 taxmann.com 338

2 (Calcutta). He further states that similar income tax appeal filed by the revenue being ITA/116/2019 has been decided and dismissed by this Court on 24.11.2023 and in view thereof, the substantial question of law needs to be answered against the revenue and the appeal deserves to be dismissed. In view of the aforesaid, the appeal is dismissed and the substantial question of law is answered against the revenue. (SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) S. Kumar

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