GLOSTER LIMITED (FORMERLY KNOWN AS KETTLEWELL BULLEN & CO. LTD. AND SUCCESSOR IN INTEREST OF GLOSTER LTD.),KOLKATA vs. A.C.I.T.,CIRCLE-4(1), KOLKATA
In the result, appeal of assessee is allowed
ITA 87/KOL/2020[2013-14]Status: DisposedITAT Kolkata13 Jan 2021AY 2013-14
Bench: "ी जे. सुधाकर रे"ी, लेखा सद"य एवं/And "ी ऐ. टी. वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]
Section 37Section 40
…es into play which means Express mention of one implies the exclusion of another. [Refer decision of Hon’ble Supreme Court in G V K Industries ltd. Vs. ITO (2011) 4 SCC 36. (Constitution Bench)] In the case of Ethiopian Airlines Vs. Ganesh Narain Saboo (2011) 8 SCC 539(S) the Hon’ble Supreme Court held that Express application of certain provisions of a statute (CPC in that case) to other (Consumer Protection Act in that case) are intentionally excluded from applicability to later statute. 15. From the aforesaid discussion, we find substance in the ground raised by the assessee in respect of its claim for allowi…