West Bengal Trade Promotion Organisation Limited, Kolkata vs. ITO (Exemption), Ward - 1(3), Kolkata
In the result, the appeal of the assessee is partly allowed
ITA 36/KOL/2018[2009-10]Status: DisposedITAT Kolkata28 Jul 2020AY 2009-10
Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.36/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)
For Appellant: Shri B. R. Dutta, CA, Shri Saurabh Bagaria, Advocate & Shri RiteshFor Respondent: Shri I. Jamir, CIT, Sr. DR & Smt. Ranu Biswas, Addl. CIT
Section 11Section 12ASection 144Section 25
…e through the facts and circumstances of the case. We note that the Ld. CIT(A) has held that the 1st proviso to sec. 12A(2) is retrospective in operation by relying on the coordinate bench decision of this Tribunal in SreeSreeRamkrishna Samity Vs. DCIT (2015) 44 ITR (Trib) 678 (ITAT, Kol). Since the Ld. CIT(A) has relied on this Tribunal’s decision we would reproduce the operative portion of the order which is as under: “13. It is relevant at this juncture to get into the amendment brought in section 12A by Finance Act 2014 with effect from 1.10.2014 by way of insertion of first proviso to section 12A(2) of the…