PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S DEY COLD STORAGE PVT LTD

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ITA/196/2017HC GauhatiGAHC01011031201707 May 20171 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal ordered the dismissal of the appeal. 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, had finally decided the issue concerning the deduction of tax on account of transport subsidy in favour of the assessee. Consequently, the Tribunal found further adjudication of the appeal to be unnecessary and accepted the Revenue's submission for dismissal.

What were the facts?

This appeal was filed by the Principal Commissioner of Income Tax, Shillong, under Section 260(A) of the Income Tax Act, challenging a decision 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 listed for admission before the ITAT. The Revenue's counsel, Mr. S. Saikia, appeared, while no one appeared for the respondent (assessee).

What were the issues?

1. Whether the appeal should be dismissed as unnecessary due to a Supreme Court judgment on the issue of transport subsidy exemption under Sections 80-IB and 80-IC of the Income Tax Act. Contentions: Assessee: No arguments were recorded for the assessee as they were absent. Revenue: The Revenue contended 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 submitted that the present appeal should be dismissed as unnecessary.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

ITA 196/2017 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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