Indian Aluminium Company Limited vs. Commissioner of Income Tax
In the result, the appeals filed by the revenue
ITA/173/2007HC Calcutta05 Jan 2023
Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 5Th January, 2023 Appearance : Mr. Om Narain Rai, Adv. …For The Revenue. Mr. J.P. Khaitan, Sr. Adv. Ms. Arati Agarwal, Adv. Ms. Rosy Banerjee, Adv. Mr. Binayak Gupta, Adv. …For The Assessee The Court : These Appeals Filed By The Revenue As Well As The Assessee Under Section 260A Of The Income Tax Act, 1961 (The Act) Are Directed Against The Order Dated October 20, 2006, Passed By The Income Tax Appellate Tribunal `A’ Bench, Kolkata (Tribunal) In Ita 1221/Kol./2006 & Ita 1045/Kol./2006, For The Assessment Year 2002-03. The Appeal Being Ita 173 Of 2007 Was Admitted On 7Th May, 2008 On The Following Substantial Questions Of Law :- “Whether On The Facts & In The Circumstances Of The Case The Learned Tribunal Was Justified In Law In Not Allowing :
Section 14ASection 260ASection 36(1)(iii)Section 43BSection 80I
…credit applied by the appellant was in accordance with the approved method of accounting duly approved by the ICAI and has been regularly followed by the appellant and also has been accepted by the revenue and without even considering the decision reported in 261 ITR 275 (SC) and the decision of the Delhi Bench of the Tribunal in the case of DCIT vs. HCL Infosystems Ltd.?” The appeal being ITA 96 of 2007 was admitted on 8th March, 2007 on the following substantial question of law :- “1. Whether on the facts and circumstances of the case, the Ld. Tribunal was justified in law regarding reduction of disallowance un…