PRINCIPAL COMMISSIONER OF INCOME TAX GUWAHATI 2 vs. SRI BASANT KUMAR MITTAL

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ITA/188/2017HC GauhatiGAHC01020601201707 May 20171 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal dismissed the appeal. The decision was based on the submission by the Revenue's counsel, who cited the Supreme Court's judgment in Commissioner of Income Tax vs. Meghalaya Steels Ltd. (2016) 383 ITR 0217 (SC). The Revenue conceded that this judgment had finally decided the issue of transport subsidy exemption in favour of the assessee, rendering the present appeal unnecessary. The Tribunal found the submission persuasive and, in view of the ratio laid down by the Supreme Court in Meghalaya Steels Ltd., ordered the dismissal of the appeal. No specific finding was made on the merits of the assessee's claim as the appeal was dismissed on concession.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Guwahati-2, against an order concerning 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 filed under Section 260(A) of the Income Tax Act. The case was listed for admission, and the Revenue's counsel appeared, while there was no appearance for the respondent (assessee).

What were the issues?

1. Whether the assessee is entitled to exemption from tax on the transport subsidy amount received, under Section 80-IB and 80-IC of the Income Tax Act. Assessee's contentions: Not recorded as the assessee was not represented. Revenue's contentions: The Revenue, through its learned Senior Standing Counsel, submitted that the issue regarding 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 contended that the adjudication of this appeal is unnecessary and that the appeal should be dismissed in light of the Supreme Court's judgment.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

ITA 188/2017 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 C of the Income Tax Act and that is how, the Principal Commissioner of Income Ta x, Guwahati-2, Guwahati has filed this Appeal, under Section 260(A) of the Incom ), we order dismissal of the Appeal.

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