PRINCIPAL COMMISSIONER OF INCOME TAX SHILLONG vs. M/S ARIMA and COMPANY

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ITA/201/2017HC GauhatiGAHC01018635201707 May 20171 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal dismissed the appeal. The decision was based on the submission made by the learned standing counsel for the Income Tax Department. The Revenue acknowledged a recent judgment by the Supreme Court in Commissioner of Income Tax vs. Meghalaya Steels Ltd. (2016) 383 ITR 0217 (SC), which, according to the Revenue, finally decided the issue of transport subsidy exemption in favour of the assessee. Consequently, the Revenue conceded that further adjudication of the present appeal was unnecessary and proposed its dismissal. The Tribunal, in view of this submission and the ratio laid down in the Supreme Court's judgment, ordered the dismissal of the appeal. No specific findings were made on the merits of the case as the appeal was dismissed on concession.

What were the facts?

This 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 Sections 80-IB and 80-IC of the Income Tax Act. The appeal was listed for admission before the ITAT. The Revenue was represented by learned counsel, while no one appeared for the respondent (assessee).

What were the issues?

1. Whether the assessee is entitled to income tax exemption on the transport subsidy received, under Sections 80-IB and 80-IC of the Income Tax Act? The Revenue argued 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 adjudication of this appeal is unnecessary and it should be dismissed based on the Supreme Court's judgment. No arguments were recorded for the assessee.

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 201/2017 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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