BJN PAINTS INDIA LIMITED (SINCE MERGED WITH BERGER PAINTS INDIA LIMITED ),KOLKATA vs. I.T.O.,WARD-7(4), KOLKATA

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ITA 1618/KOL/2019Status: DisposedITAT Kolkata15 January 2020AY 2014-152 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The tribunal set aside Ground No. 3 to the Assessing Officer for fresh adjudication, directing them to follow specific Supreme Court decisions. The appeal was allowed in part.

What were the facts?

The assessee, BJN Paints India Limited, filed an appeal against the order of the CIT(A) for AY 2014-15. Grounds 1 and 2 of the appeal were not pressed by the assessee.

What were the issues?

The primary issue was the adjudication of Ground No. 3 of the appeal, which was remitted to the Assessing Officer for fresh consideration based on Supreme Court precedents.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

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

Before: Shri J. Sudhakar Reddy, Hon’ble]

order : January 15th, 2020 O R D E R Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) – 3, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 18/04/2019, for the Assessment Year 2014-15.

2.

After hearing rival contentions, we dismiss Ground Nos. 1 & 2 as not pressed.

3.

Coming to Ground No. 3, we set aside the same to the file of the Assessing Officer, for fresh adjudication, in accordance with law. The Assessing Officer shall follow the decision of the Hon’ble Supreme Court in the case of UOI vs. Exide Industries Ltd. in SLP Proceedings in CC 12060/2008, dt. 08/09/2008 and in CC 22889/2008, order dt. 08/05/2009.

4.

In the result, appeal of the assessee is allowed in part. Kolkata, the 15th day of January, 2020. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 15.01.2020 {SC SPS}

1.

Assessment Year: 2014-15 BJN Paints India Limited Copy of the order forwarded to: opy of the order forwarded to: 1. BJN Paints India Limited (since merged with Berger Paints India Limited) (since merged with Berger Paints India Limited) Berger House 129, Park Street Kolkata – 700 017 2. Income Tax Officer, Ward-7(4), Kolkata 7(4), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, 5. CIT(DR), Kolkata Benches, Kolkata.

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