S.R. Batliboi & Co. LLP, Kolkata vs. DCIT, Circle - 22, Kolkata
In the result, for statistical purpose, the appeal of assessee is 11
ITA 264/KOL/2016[2006-07]Status: DisposedITAT Kolkata08 Nov 2017AY 2006-07
Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2006-07 S.R Batliboi & Commission. Llp Dy. Commissioner बनाम / (A Limited Liability Partnership With Of Income Tax, V/S. Llp Identity No. Aab-4294) Circle-22, Kolkata Successor To S.R. Batliboi & Commission. A Partnership Firm Effective 1St April 2013) 22, Camac Street, Kokata-16 [Pan No.Achfs 9180 N] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Debobrate Ghosh, Fca अपीलाथ" क" ओर से/By Appellant Shri Arindama Bhattacharjee, Dr ""यथ" क" ओर से/By Respondent 04-10-2017 सुनवाई क" तार"ख/Date Of Hearing 08 -11-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-6, Kolkata Dated 31.12.2015. Assessment Was Framed By Acit, Circle-54, Kolkata U/S 154 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 06.08.2013 For Assessment Year 2006-07. The Grounds Raised By The Assessee Per Its Appeal Are As Under:- “1. The Learned Commission Of Income Tax (Appeals)-6 [“Cit(A)” For Short]Has Erred On Facts & In Law In Treating The Sum Of Rs.3,20,046 Granted As Interest U/S/. 244A & Included In The Amount Refunded On 28-7-2011 As Refund Out Of Taxes Paid; 2. The Learned Cit(A) Has Erred On Facts & In La In Not Directing The Learned Ao To Compute Interest Allowable Under Section 244A In Accordance With The Express
Section 154Section 244ASection 244A(3)Section 251
…fund and the issue is no longer res integra. The Hon'ble Bombay High Court, Nagpur Bench in Sunflag Iron & Steel Co. Ltd. Vs. CBDT ()(2016) 387 ITR 674 (Bom) after taking note of the decision of Hon'ble Supreme Court in CIT vs. Gujarat Fluoro Chemicals (2013) 358 ITR 291 (SC) and CIT vs. H.E.G. Ltd. (2010) 324 ITR 331 (SC), Union of India vs. Tata Chemicals Ltd. (2014) 363 ITR 658 (SC) and other cases, has observed as under:- ‘19. It could thus clearly be seen that the Hon'ble apex court in unequivocal term held that the expression “other proceedings under the Act” used in section 240 of the Act is wide enough to…