PATAKA INDUSTRIES PVT. LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-8(2), KOLKATA

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ITA 602/KOL/2019Status: DisposedITAT Kolkata19 February 2020AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the Assessing Officer for fresh adjudication. The Assessing Officer was directed to apply the propositions of law laid down by the Jurisdictional High Court and the Special Bench of the Tribunal.

What were the facts?

The assessee's appeal was against the CIT(A)'s order concerning the disallowance under Section 14A read with Rule 8D. This was the second round of appellate proceedings.

What were the issues?

The sole issue was the quantification of disallowance under Section 14A read with Rule 8D. The matter required fresh adjudication based on established legal precedents.

Which sections of the Income-tax Act were involved?

Section 14A

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Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy & Sri S.S. Godara

order : February 19th, 2020 ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) – 15, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 01/03/2019, for the Assessment Year 2008-09.

2.

After hearing rival contentions we find that the sole issue that arises for our adjudication in this appeal, is the quantification of disallowance to be made u/s 14A of the Act read with Rule 8D of the Income Tax Rules, 1963 (‘Rules’). This is the second round of appellate proceedings.

3.

As agreed by both the parties, we restore this matter to the file of the Assessing Officer for fresh adjudication, in accordance with law. The Assessing Officer shall apply the propositions of law laid down by the Hon’ble Jurisdictional High Court in the case of CIT vs. REI Agro Pvt. Ltd. in G.A. 3022 of 2013 ITAT 161 of 2013, dt. 23rd December, 2013 as well as CIT vs. Ashika Global Securities Ltd. in ITAT 100 of 2014, GA No. 2122 of 2014. The propositions of law laid down by the Special Bench of the Tribunal in the case of ACIT vs. Vireet Investments (P) Ltd. [2017] 82 taxmann.com 415 (Delhi - Trib.), are also to be applied and followed by the Assessing Officer. The assessee is directed to make a its claim, in line with the propositions of law laid down in the above referred judicial pronouncements.

1.

Assessment Year: 2008-09 Pataka Industries Pvt. Ltd. 4. In the result, appeal of the assessee is allowed for statistical purposes. In the result, appeal of the assessee is allowed for statistical purposes. In the result, appeal of the assessee is allowed for statistical purposes.

Kolkata, the Kolkata, the 19th day of February, 2020 20. Sd/- Sd/- [S.S. Godara] [J. Sudhakar Reddy J. Sudhakar Reddy] Judicial Member Accountant Member Accountant Member Dated : 19.02.2020 {SC SPS} Copy of the order forwarded to:

1. 1. Pataka Industries Pvt. Ltd 97, Trimurti Apartment Park Street Kolkata – 700 016 2. Deputy Commissioner of Income Tax, Circle Deputy Commissioner of Income Tax, Circle-8(2), Kolkata 3.CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

5. CIT(DR), Kolkata Benches, Kolkata.

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