Apeejay Tea Ltd. v. CIT and Another

370 ITR 775High Court2015#24715 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2017.

Judgments citing Apeejay Tea Ltd. v. CIT and Another

Binaguri Tea Co Pvt Ltd, Kolkata vs. D.C.I.T Cir - 4, Kolkata

In the result, the appeal of the Assessee is allowed

ITA 630/KOL/2013[2008-2009]Status: DisposedITAT Kolkata13 Jan 2017AY 2008-2009

Bench: : Shri Waseem Ahmed & Shri S.S. Viswanethra Ravi

…peal on merits. Accordingly, the present appeal fixed for hearing before us. 3. The ld.AR submits that the issue raised in the appeal is squarely covered by the decision of the Hon’ble High Court of Calcutta in the case of Apeejay Tea Ltd Vs. CIT reported in 370 ITR 775(Cal) regarding applicability of Rule 8 for the purpose of fringe benefits to tax. He also relied on the decision of the Co-ordinate Bench of this Tribunal in the case of Mcleod Russel India Ltd Vs. ACIT, Kolkata for the A.Ys 2008-09 & 2009-10 dated 08-10-2015 in ITA Nos. 262, 263/Kol/2013. 4. On the contrary, the ld.DR relied on the orders of the…

Flowers Valley P.Ltd, Mumbai vs. ITO WD 2(1)(3), Mumbai

In the result, the assessee’s appeal are partly allowed as indicated above

ITA 4804/MUM/2014[2006-07]Status: DisposedITAT Mumbai26 Aug 2016AY 2006-07

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain

For Appellant: Shri Prakash PanditFor Respondent: Ms.Anu Krishna Agarwal

Section 115W

…s was solely for the purpose of its agricultural activities. In support of this proposition, the ld. AR for the assessee placed reliance on the ratio of the decision of the Hon'ble Calcutta High Court in the case of Apeejay Tea Ltd. vs. CIT and Another (2015) 370 ITR 775(Cal.); which it was submitted covered the question of whether FBT is imposable in a case where the income involved; i.e. agricultural income is itself exempt from tax; in favour of the assessee, as the provisions of Chapter-XII –H of the Act have to be read subject to Section-10 of the Act and anything to the contrary would result in agricultural…

North Tukvar Tea Co. Ltd, Kolkata vs. C.I.T(A)-IV, Kolkata

In the result the appeal of the assesse is allowed

ITA 1589/KOL/2013[2009-10]Status: DisposedITAT Kolkata01 Jun 2016AY 2009-10

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2009-10

For Appellant: Shri Amit Kumar UpadhayFor Respondent: Shri U.K.Sardar, Addl. C.I.T., Sr.DR

Section 115Section 115WSection 154

…case of the assessee engaged in the business of growing and manufacturing tea.” 7. At the time of hearing before us it was brought to our notice on behalf of the assessee that the Hon’ble Calcutta High Court in the case of Apeejay Tea Ltd. Vs CIT and Another 370 ITR 775 (Cal) had recently gone in to the issue of valuation of taxable fringe benefits in the case of a company engaged in the manufacture and sale of tea. The Hon’ble Calcutta High Court had to deal with the following questions :- ITA No.1589/Kol/2013-North Tukvar Tea Co.Ltd. A.Y.2009-10 “Whether rule 8 is applicable for the purpose of computing valua…