CIT v. Suman Tea & Plywood Industries Pvt Ltd. (204 ITR 719)

Deputy Commissioner of Income-Tax, Jalgaon vs. M/S. Rajmal Lakhichand & Sons

Appeal is dismissed

ITA 1547/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware

Section 14Section 143(3)Section 14ASection 36

…ect view in the matter of working of the WDV. The decision of Hon’ble Delhi High Court in the case of CIT Vs. Chirangilal reported in 74 ITR 80 and the decision of Hon’ble Calcutta High Court in the case of CIT Vs. Suman Tea and Plywood Industries reported in 204 ITR 719 were relied upon. The Ld.CIT(A) called for a remand report from the Assessing Officer. However, no specific comments were given by the Assessing Officer on this issue but the Assessing Officer reiterated the finding of the predecessor Assessing Officer. After considering the remand report the Ld.CIT(A) deleted the disallowance by observing as und…

M/S. Rajmal Lakhichand & Sons vs. Joint Commissiner of Income-Tax

Appeal is dismissed

ITA 1360/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware

Section 14Section 143(3)Section 14ASection 36

…ect view in the matter of working of the WDV. The decision of Hon’ble Delhi High Court in the case of CIT Vs. Chirangilal reported in 74 ITR 80 and the decision of Hon’ble Calcutta High Court in the case of CIT Vs. Suman Tea and Plywood Industries reported in 204 ITR 719 were relied upon. The Ld.CIT(A) called for a remand report from the Assessing Officer. However, no specific comments were given by the Assessing Officer on this issue but the Assessing Officer reiterated the finding of the predecessor Assessing Officer. After considering the remand report the Ld.CIT(A) deleted the disallowance by observing as und…

Tata Tea Limited, Kolkata vs. DCIT, C Ircle- 4, Kolkata

In the result, the appeal of the revenue in ITA No

ITA 511/KOL/2010[2004-05]Status: DisposedITAT Kolkata03 Feb 2017AY 2004-05

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: S/Shri Manish Sheth & Prasun Kr. Maity, ARsFor Respondent: N o n e

Section 143(3)

…med depreciation on Written Down Value (WDV) of depreciable assets used in its business of growing and manufacturing tea as per the principle laid down by the Hon’ble Calcutta High Court in the case of CIT vs Suman Tea & Plywood Industries Pvt Ltd reported in 204 ITR 719 (Cal). Since this issue was agitated by the revenue before the Hon’ble Apex Court, in order to keep the matter alive, the ld AO disturbed the claim of depreciation of the assessee. The ld CITA granted relief to the assessee by following the order of his predecessor. Aggrieved, the revenue is in appeal before us on the following ground :- “2. Tha…

DCIT, Circle - 4, Kolkata vs. M/S. Tata Tea Ltd., Kolkata

In the result, the appeal of the revenue in ITA No

ITA 2105/KOL/2010[2004-05]Status: DisposedITAT Kolkata03 Feb 2017AY 2004-05

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: S/Shri Manish Sheth & Prasun Kr. Maity, ARsFor Respondent: N o n e

Section 143(3)

…med depreciation on Written Down Value (WDV) of depreciable assets used in its business of growing and manufacturing tea as per the principle laid down by the Hon’ble Calcutta High Court in the case of CIT vs Suman Tea & Plywood Industries Pvt Ltd reported in 204 ITR 719 (Cal). Since this issue was agitated by the revenue before the Hon’ble Apex Court, in order to keep the matter alive, the ld AO disturbed the claim of depreciation of the assessee. The ld CITA granted relief to the assessee by following the order of his predecessor. Aggrieved, the revenue is in appeal before us on the following ground :- “2. Tha…

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)

…claimed depreciation on the WDV of depreciable assets used in its business of growing and manufacturing tea on the basis of the principle laid down by the Hon’ble Calcutta High Court in the case of CIT vs Suman Tea & Plywood Industries Pvt. Ltd in reported in 204 ITR 719. The assessee claimed the deduction through the revised return filed together with the supporting statement of depreciation schedule duly certified in support of its claim. The AO found that similar claim of the assessee for the assessment year 2003-04 to assessment year 2005-06 was not allowed and the above claim of the assessee was rejected and…

Commr.of Income Tax, Dibrugarh vs. Doom Dooma India Ltd

C.A. No.-001094-001094 - 2009Supreme Court18 Feb 2009

Section 260ASection 28Section 32Section 32(1)(i)Section 32(1)(ii)Section 43(6)(b)

…by the decision, the assessee carried the matter in appeal to the Tribunal. By its decision the Tribunal, following the decision of the Calcutta High Court in the case of Commissioner of Income-tax v. Suman Tea and Plywood Indusries (P) Ltd. – (1993) 204 ITR 719, held that since 40 per cent of the assessee’s composite income is chargeable under Section 28 of the 1961 Act, for the purposes of computing the "written down value" of depreciable assets used in the tea business, only 40 per cent instead of 100 per cent of depreciation allowable at the prescribed 3 rate shall be deducted in…

CIT v. Suman Tea & Plywood Industries Pvt Ltd.