COMMISSIONER OF INCOME TAX (EXEMPTION) KOLKATA vs. VILLAGE FOUNDATION FOR SOCIAL SERVICES, VILLAGE TOWER
What did the High Court hold?
The High Court found no illegality or perversity in the ITAT's order. The ITAT had meticulously considered the facts and law, concluding that the revision order was unsustainable. The substantial question of law was answered in favor of the assessee.
What were the facts?
The Principal Commissioner of Income Tax appealed against an ITAT order that quashed a revision order passed by the CIT under Section 263. The ITAT found that the Assessing Officer had duly considered the issue of interest, and the AO's order was neither erroneous nor prejudicial to the revenue.
What were the issues?
Whether the ITAT's conclusion quashing the CIT's Section 263 revision order was perverse, considering the AO's assessment was neither erroneous nor prejudicial to the revenue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
O-63 ITA/56/2018 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX, K9OLKATA-3, KOLKATA -Versus- M/S. SHREE GANESH JEWELLERY HOUSE LTD. BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI And THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date :30th April, 2024 Appearance: Mr. Tilak Mitra, Adv. ...for the appellant. 1. Heard Sri Tilak Mitra, learned standing counsel for the appellant. None appears for the respondent/assessee. 2. This appeal was admitted by this court by order dated 17.5.2018 on the following substantial question of law: “Whether on the facts and in the circumstances of the case conclusion arrived that by the Learned Tribunal in quashing the order of the CIT passed under Section 263 of the Income Tax Act, 1961 is perverse ?” 3. We have perused the impugned order dated 24.8.2016 passed in ITA/1248/Kol/2016 for the assessment year 2010-11 by the Income Tax
2 Appellate Tribunal, “C” Bench, Kolkata and we find that the ITAT has meticulously considered the entire issue on facts and on law and thereafter recorded the following conclusion in paragraph 9 : “9. Accordingly, in our considered view, we find that the issue of interest has been duly considered by the Assessing Officer merged with the order of CIT(A). So the impugned order passed by AO is neither erroneous nor prejudicial to the interest of revenue. Therefore we find the impugned revision order unsustainable in law, and we, therefore, quash the same. The issue gets the relief accordingly.” 4. We do not find any illegality or perversity in the impugned order of the ITAT. The appeal (ITA/56/2018) has no merit and is, therefore, dismissed. The substantial question of law is answered in favour of the assessee and against the revenue. (SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) As.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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