Commissioner of Income Tax, Kol-I, Kol vs. M/S. Jindal India Ltd
In the result, the appeal filed by the revenue
ITA/95/2011HC Calcutta16 Mar 2023
Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 16Th March, 2023 Appearance : Mr. Smarajit Roychowdhury, Adv. ...For The Appellant. Mr. J. P. Khaitan, Sr. Adv. Mr. Sanjoy Bhowmick, Adv. Ms. Swapna Das, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 30Th November, 2010 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In Ita No.368 & 369/Kol/2010 Years 2005- 06 & 2006-07. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:
Section 2(18)(b)Section 2(22)(e)Section 260ASection 31
…ollowed the decision of the Chandigarh Bench of the Tribunal in the case of Commissioner of Income Tax vs. Malhotra Industrial Corporation and this order of the Tribunal was affirmed by the High Court of Punjab and Harayana in its decision reported in (2002) 254 ITR 635. The facts of the case are identical to that of the facts of the case before us wherein the assessee was also a steel rolling mill. The assessee’s contention was that the rolls are to be replaced frequently and the expenditure incurred should be revenue expenditure and cannot be treated as capital expenditure. On facts, it was found that the a…
