PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S H.M. CEMENTS LIMITED

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ITA/204/2017HC GauhatiGAHC01007230201707 May 20171 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the appeal should be dismissed. This decision was based on the submission made by the learned standing counsel for the Income Tax Department. The counsel referred to the Supreme Court's judgment in Commissioner of Income Tax vs. Meghalaya Steels Ltd. (2016) 383 ITR 0217 (SC), which, according to the Revenue, finally decided the issue regarding the taxability of transport subsidy in favour of the assessee. Consequently, the Tribunal found no necessity for further adjudication of the appeal. The operative direction was the dismissal of the appeal. No issues were expressly left undecided.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Shillong, under Section 260A of the Income Tax Act, challenging an order related to the claim of income tax exemption for transport subsidy received by the assessee. The departmental authorities had previously held that the assessee was entitled to exemption under Section 80-IB and 80-IC of the Income Tax Act. The appeal was listed for admission, and the Revenue's counsel appeared. The Respondent-assessee was not represented.

What were the issues?

1. Whether the appeal filed by the Revenue against the grant of exemption for transport subsidy under Section 80-IB and 80-IC is maintainable in light of a Supreme Court judgment. The Revenue, through its learned Senior Standing Counsel, contended that the issue concerning the deduction of tax on account of transport subsidy has been finally decided by the Supreme Court in the case of Commissioner of Income Tax vs. Meghalaya Steels Ltd. reported in (2016) 383 ITR 0217 (SC) in favour of the assessee. Therefore, the Revenue submitted that the adjudication of the present appeal is unnecessary and that the appeal should be dismissed. The Respondent-assessee did not present any arguments.

Which sections of the Income-tax Act were involved?

Section 260A,Section 80-IB,Section 80-IC

AI-generated summary — verify with the full judgment below

ITA 204/2017 BEFORE HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN (Ajit Singh, CJ)

Mr. S Saikia, learned Senior Standing Counsel, Income Tax Department ass isted by Mr. DK Bagchi, learned counsel for the appellant.

None for the respondent.

Heard on admission.

This Appeal relates to the claim of income tax exemption for the transpo rt subsidy amount received by the assessee. The departmental authorities declare d that the assessee is entitled to exemption to tax under Section 80-IB and 80-I ), we order dismissal of the Appeal.

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