PRINCIPAL COMMISSIONER OF INCOME TAX - 3, vs. OBEROI HOTELS PRIVATE LTD.

OD-1 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA/129/2018 PRINCIPAL COMMISSIONER OF INCOME TAX – 3, KOL VS. OBEROI HOTELS PRIVATE LTD. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE BIVAS PATTANAYAK Date : 4th July, 2022. Appearance: Mr. Soumen Bhattacharjee, Adv. …for appellant Ms. Akshara Shukla, Adv. …for respondent The Court : This appeal by the revenue filed under Section 260A of the Income Tax Act, 1961 (the Act for brevity) is directed against the order dated 20th November, 2015 passed by the Income Tax Appellate Tribunal “C” Bench Kolkata (Tribunal) in ITA/192/Kol/2013 for the assessment year 2009-2010. The Revenue has suggested the following substantial questions of law for consideration :- 1) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in holding that no disallowances can be made under Section 14A of the Income Tax Act read with Rule 8D of the I.T. Rules 1962 in case of the assessee relating to assessments year 2009-10 ?

2 2) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in deleting the addition made by the assessing officer regarding pro- rata expenditure for earning management fees ? 3) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in dismissing the appeal of the revenue regarding the Annual Letting Value (ALV) of the house property in question by rejecting expected rent and accepting the actual rent receipt claimed by the assessee company for the assessment year 2009-10? We have heard Mr. Soumen Bhattacharjee, learned standing Counsel for the appellant/revenue and Ms. Akshara Shukla, learned Advocate appearing for the respondent/assessee. The learned Standing Counsel has written instruction from the department vide letter dated 7.6.2022 stating that tax effect involved in this appeal is less than the threshold limit fixed by the CBDT vide Circular dated 8th August, 2019 and, therefore, instruction has been given to withdraw this appeal. Said instruction is placed on record. Accordingly appeal stands dismissed as withdrawn. Substantial questions of law, as suggested are left open. (T.S. SIVAGNANAM, J.) (BIVAS PATTANAYAK, J.) Pkd/GH.