AFT Industries Ltd. v. CIT

270 ITR 167High Court2004#3894 most cited

What is AFT Industries Ltd. v. CIT authority for?

Agricultural income tax cess paid on green tea leaves is a deductible business expenditure when computing composite income.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

AFT Industries Ltd. v. CIT · agricultural income tax cess · green tea leaves · business expenditure · composite income · Rule 8 · Income Tax Rules · Calcutta High Court

Judgments citing AFT Industries Ltd. v. CIT

D.C.I.T., Circle-4, Kolkata vs. M/S the Scottish Assam (India) Ltd., Kolkata

In the result, the appeal filed by the revenue is dismissed

ITA 2725/KOL/2013[2009-2010]Status: DisposedITAT Kolkata25 Nov 2016AY 2009-2010

Bench: : Shri M.Balaganesh & Shri S.S. Viswanethra Ravi

Section 143(2)Section 14ASection 40

…gued that, as held in the case of DCIT vs. M/S Assambrook Ltd. - ITA No. 2049/Ko1j2010 - Assessment Year 2006-07, SLP is pending before the Hon'ble Supreme Court against the decision of the Hon'ble Calcutta High Court in respect of AFT Industries Ltd. Vs. CIT(270 ITR 167) which have no effect since the Hon'ble Apex Court has neither set aside the order of the Hon'ble Calcutta High Court nor granted any stay. 7.3 I am of the view that the Hon'ble Apex Court has not stayed or set aside the order of the Hon'ble Jurisdictional High Court of Kolkata and hence as on date the order of Jurisdictional High Court will cont…

D.C.I.T Cir - 4, Kolkata vs. M/S Tata Tea Limited, Kolkata

In the result, the appeals in ITA No

ITA 2006/KOL/2013[2006-07]Status: DisposedITAT Kolkata21 Oct 2016AY 2006-07

Bench: Shri M.Balaganesh & Shri S.S. Viswanethra Ravi

Section 43(6)

…without considering the fact that expenses on account of cess on green leaf is related to 100% agricultural operation and SLP is pending before the Hon'ble Supreme Court against the decision of Calcutta High Court in the case of AFT Industries Ltd. -vs- CIT (270 ITR 167) in the light of which Ld. CIT (A) decided the issue in favour of the assessee. 2. Whether on the facts and circumstances of the case the Ld. CIT (A) has justified in law in deleting the disallowance of Rs.71.09 lakh/- on account of notional interest on loan advanced to HPL not accounted for though the A.O. has added it back. 3. That on the facts…

DCIT, Cir-4, Kolkata vs. M/S Assambrook Ltd., Kolkata

The appeal of the Revenue is dismissed

ITA 63/KOL/2014[2003-2004]Status: DisposedITAT Kolkata16 Sept 2016AY 2003-2004

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 80H

…ring the fact that expenses on account of cess on green leaf is related to 100% agricultural operation and that an SLP is pending before the Hon’ble Supreme Court against the decision of the Calcutta High Court in the case of AFT Industries Limited –vs.- CIT (270 ITR 167) in the light of which ld. CIT(A) decided the issue in favour of the assessee. (2) That on the facts and circumstances of the case, the ld. CIT(A) has erred in law in allowing the claim of the appellant u/s. 80HHC without considering the fact that an appeal filed by the revenue against treatment of interest income as part of the composite income…

DCIT, Cir-4, Kolkata vs. M/S Joonktollee Tea & Industries Ltd., Kolkata

In the result, the Cross Objections filed by the assessee are allowed for statistical purposes

ITA 170/KOL/2014[2007-08]Status: DisposedITAT Kolkata19 Aug 2016AY 2007-08

Bench: Shri N.V.Vasudevan, J.M. &Dr.A.L.Saini, A.M.)

For Appellant: Shri P. J. Bhide, FCAFor Respondent: None
Section 143(3)

…ncome from which is determined in terms of rule 8 of the Income-tax Rule, 1962. This ground has already been decided in favour of the appellant. Following the decisions of the Hon’ble Calcutta High Court in the case of CIT-vs- AFT Industries Ltd., reported in 270 ITR 167 and also the decision of the ITAT in the case of assessee’s own case vide its order dated 31.04.2010 in Appeal Nos.532 & 533, the appellant should have been allowed cess on green leaf by the AO. This claim has not been allowed by the AO on the reason that the department has filed an SLP against the decision of the Hon’ble Calcutta High Court and…

D.C.I.T.-Circle-4, Kolkata vs. M/S Chengmari Tea Co. Ltd., Kolkata

In the result the appeal of the revenue is dismissed

ITA 2850/KOL/2013[2006-2007]Status: DisposedITAT Kolkata20 Jul 2016AY 2006-2007

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 2850/Kol/2013 Assessment Year : 2006-07 D.C.I.T., Circle-4, -Vs.- M/S. Chengmari Tea Co.Ltd. Kolkata Kolkata [Pan : Aabcc 0672 Q] (Respondent) (Appellant) For The Appellant : Shri Sudipta Guha, Jcit, Sr.Dr For The Respondent : Shri Sunil Surana, A.R. Date Of Hearing : 18.07.2016. Date Of Pronouncement : 20.07.2016. Order Per N.V.Vasudevan, Jm

For Appellant: Shri Sudipta Guha, JCIT, Sr.DRFor Respondent: Shri Sunil Surana, A.R
Section 43B

…During the course of hearing it was explained that the addition is being made as similar issue is still pending with Supreme Court although the issue has been decided against the revenue by Jurisdictional Hon’ble Kolkata High Court CIT vs AFT Industries Ltd. 270 ITR 167 (Cal). 4. Aggrieved by the order of AO the assessee preferred appeal before CIT(A). CIT(A) held as follows :- “3. I have examined the assessment order as well as the submissions of. the A.R. of the appellant. While deciding this issue in the favour of the appellant, in the case of M K Jokai India Ltd. vs. the Deptt. Of Income-tax at ITA Nos. l06/…

D.C.I.T Cir - 4, Kolkata vs. M/S Stewart Holl ( India ) Ltd, Kolkata

In the result, appeal by the revenue is dismissed

ITA 1889/KOL/2013[2004-05]Status: DisposedITAT Kolkata06 Apr 2016AY 2004-05

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1889/Kol/2013 Assessment Year : 2004-05

For Appellant: Shri Rajat Kr.Kureel, Addl.CITFor Respondent: Shri P.N.Rajendran, FCA

…f without considering the fact that expenses on account of cess on green leaf is related to 100% agricultural operation and SLP is pending before the Hon’ble Supreme Court against the decision of Calcutta High Court in the case of AFT Industries Ltd –vs- CIT (270 ITR 167) in the light of which Ld. CIT(A) decided the issue in favour of the assessee. 2. That on the facts and circumstances of the case the Ld. CIT(A) has erred in law in deleting the disallowance of Rs.38,66,258/- on account of deprecation on plant and machinery purchased out of the amount withdrawn from NABARD. 3. That the appellant craves for leave…

D.C.I.T Cir - 4, Kolkata vs. M/S Assambrook Ltd., Kolkata

In the result the appeal filed by the Revenue is dismissed

ITA 409/KOL/2013[2009-10]Status: DisposedITAT Kolkata23 Mar 2016AY 2009-10

Bench: Shri M. Balaganesh, A.M. & Shri S.S.Viswanethra Ravi, J.M.)

For Appellant: Shri Nongothung Jungio, JCITFor Respondent: Shri Ravi Tulsiyan, FCA
Section 143(1)Section 143(2)Section 143(3)

…without considering the fact that expenses on account of cess on green leaf is related to 100% agricultural operation and SLP is pending before the Hon’ble Supreme Court against the decision of Calcutta High Court in the case of AFT Industries ltd. –vs- CIT (270 ITR 167) in the light of which Ld. CIT(A) decided the issue in favour of the assessee. 2. That the appellant craves for leave to add, delete or modify any of the grounds of appeal before or at the time of hearing.” 3. Brief facts of the case are that the assessee is a company and is engaged in the business of cultivation, manufacture, processing and sa…

D.C.I.T Cir - 4, Kolkata vs. M/S Gillanders Arbuthnot & Co, Kolkata

In the result, the appeal of revenue dismissed

ITA 905/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmedassessment Year :2009-10 Dcit, Circle-4, P-7, V/S. M/S Gillanders Arbuthnot Chowringhee Square & Co. Ltd., C-4, Gilander Kolkata-700 069 House, N.S.Road, Kolkata-700001 [Pan No.Aaacg 9832 F] .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 143(3)Section 195(1)Section 40

…without considering the fact that expenses on account of cess on green leaf is related to 100% agricultural operation and SLP is pending before the Hon'ble Supreme Court against the decision of Calcutta High Court in the case of AFT Industries Ltd. – vs- CIT (270 ITR 167) in the light of which Ld. CIT(A) decided the issue n favour of the assessee.” 5. At the outset, Ld. Counsel for the assessee relied on the decision of Coordinate Bench of this Tribunal in assessee’s own case in ITA No. 589/K/2012 for AY 2007-08 dated 19.12.2013, wherein Tribunal has allowed as under: “5. We find that this issue is covered by th…

JCIT(OSD), Circle -4, Kolkata vs. M/S Gillander Arbithnot & Co. Ltd., Kolkata

In the result, the appeal of revenue is dismissed

ITA 744/KOL/2012[2008-2009]Status: DisposedITAT Kolkata30 Oct 2015AY 2008-2009

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: N o n eFor Respondent: Shri S. M. Surana, Advocate & Shri Sunil Surana, ACA
Section 139(1)Section 143(3)Section 36(1)(va)Section 43Section 43B

…f without considering the fact that expenses on account of cess on green leaf is related to 100% agricultural operation and SLP is pending before the Hon’ble Supreme court against the decision of Calcutta High Court in the case of AFT Industries ltd. Vs. CIT (270 ITR 167) in the light of which ld. CIT(A) decided the issue in favour of the assessee. 4 M/s. Gillander Arbithnot & Co. Ltd. AY 2008-09 11. At the outset, Ld. Counsel for the assessee relied on the decision of Coordinate Bench of this Tribunal in assessee’s own case in ITA No. 589/K/2012 for AY 2007-08 dated 19.12.2013, wherein Tribunal has allowed as u…

D.C.I.T., Circle-4, Kolkata vs. M/S Bormah Jan Tea Co. (1936) Ltd., Kolkata

In the result, the appeal of the Revenue is treated as dismissed

ITA 2724/KOL/2013[2003-2004]Status: DisposedITAT Kolkata18 Sept 2015AY 2003-2004

Bench: Shri P.M. Jagtap

…I.T.A. No. 2724/KOL./2013 Assessment year: 2003-2004 Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘SMC’ BENCH, KOLKATA Before Shri P.M. Jagtap, Accountant Member I.T.A. No. 2724/KOL/ 2013 Assessment year : 2003-2004 Deputy Commissioner of Income Tax,.......…….........................Appellant Circle-4, Kolkata, P-7, Chowringhee Square, Kolkata-700 069 -Vs.- M/s. Bormah Jan Tea Co. (1936) Ltd.,.....………….....................Respondent 3, Netaji Subhas Road, Kolkata-700 001 [PAN : AABCT 2010 K] Appearances by: Shri Debasish Lahiri, JCIT, Sr. D.R., for the Department Shri Ram Kishan Nowal, A.R., for the…