PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA vs. KESORAM INDUSTRIES LTD.
What did the High Court hold?
The High Court found no reason to interfere with the ITAT's order, noting that the ITAT had followed its own prior decisions on identical controversies for the same assessee. Both substantial questions of law were answered in favor of the assessee.
What were the facts?
The appeal concerned whether amounts written off were trading or capital loss and if enhanced depreciation could be claimed after a specific explanation was introduced. The ITAT had previously decided similar issues for the assessee in earlier assessment years.
What were the issues?
Whether a write-off constituted a trading loss or capital loss, and whether enhanced depreciation was allowable after the introduction of Explanation 5 to Section 32(1).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
O – 56 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax] ORIGINAL SIDE
ITA/131/2018 PRINCIPAL COMMISSIONER OF INCOME TAX- 2, KOLKATA VS KESORAM INDUSTRIES LTD
BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI
And THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date : 22nd May, 2024
Appearance : Sri Smarajit Roy Chowdhury, Adv. ..for the appellant.
Sri J.P. Khaitan, Sr. Adv. Smt. Nilanjana Banerjee Pal, Adv. ...for the respondent.
Heard Sri Smarajit Roy Chowdhury, learned senior standing counsel for the appellant and Sri J.P. Khaitan, learned senior advocate assisted by Smt. Nilanjana Banerjee Pal, learned counsel for the respondent. 2. This appeal has been admitted by order dated 18.7.2018 on the following substantial questions of law : “(I) Whether on the facts and in the circumstances of the case the Learned Tribunal erred in law in holding that the amounts aggregating to Rs.37,087/- written off by the assessee was a trading loss and not a
capital loss under Section 28 read with Section 36(1)(vii) of the Act? (II) Whether on the facts and in the circumstances of the case the assessee could claim enhanced depreciation after the introduction of Explanation 5 to Section 32(1) of the Income Tax Act, 1961?”
Heard learned counsel for the parties and perused the paper books. Both the learned counsel for the parties jointly state that the ITAT has followed its earlier order passed in earlier assessment years on the same controversy inter parties. We find from paragraphs 8.1 to 8.3 of the impugned order of the ITAT that identical controversy was involved in assessment year 2003-04 for consideration before the ITAT inter parties and the question was decided by the ITAT in ITA No.308/Kol/2007 dated 23.11.2007 for assessment year 2003-04. The disallowance made was related by the CIT(A) for the assessment years 2006-07 and 2007-08 against which no further appeal was preferred by the revenue. In view of the findings recorded by the ITAT as briefly noted above, we do not find any good reason to interfere with the impugned order of the ITAT. Consequently, the substantial question of law (I) is answered in favour of the assessee and against the revenue.
So far as the substantial question of law (II) is concerned, we find that the ITAT has dealt the matter in paragraphs 9 to 9.3 of the impugned order following its decision inter parties relating to assessment years 2006- 07 and 2007-08. The ITAT has followed its earlier decisions for the aforesaid two assessment years. It is informed at the bar that the revenue’s appeal for the assessment year 2006-07 was dismissed by this Court on the point of limitation whereas the order of the ITAT relating to assessment year 2007-08 was not challenged by the revenue and, thus, it had attained finality. 5. In view of the facts briefly noted above, we do not find any good reason to interfere with the order of the ITAT. The substantial question of law (II) is answered in favour of the assessee and against the revenue. 6. For all the reasons afore-stated, the appeal is dismissed.
(SURYA PRAKASH KESARWANI, J.)
(RAJARSHI BHARADWAJ, J.)
Sd/
More judgments on Section 28
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- The Vijapur Taluka Co-Operative Purchase… vs Income Tax Officer, Ward-1, PatanITA 925/AHD/2026[2017-18]Status: Disposed5 Oct 2026AY 2017-18
- ACIT, Circle-4, Patna vs Amit Kumar Singh, PatnaITA 95/PAT/2020[2015-16]Status: Disposed30 Sept 2026AY 2015-16
- DCIT Circle-4, Patna vs Amit Kumar Singh, PatnaITA 88/PAT/2020[2017-18]Status: Disposed30 Sept 2026AY 2017-18
- Vishal Oil and Lubricants Co vs The Commissioner of Customs (Import)W.P.(C)-7004/202628 Sept 2026
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026