M/S Instrumentarium Corporation Ltd., Kolkata vs. DDIT (It)-1(1), Kolkata
In the result, all three appeals of the assessee is allowed in part
ITA 1548/KOL/2009[2003-2004]Status: DisposedITAT Kolkata03 Aug 2018AY 2003-2004
Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2003-04 Assessment Year: 2004-05 Assessment Year: 2006-07 Instrumentarium Corporation Limited………………..………………………………..……….……....Appellant P.O. Box 100, Fi-00031 Ge, Finland Cc: Pricewterhouse Coopers South City Pinnacle 7Th Floor Plot No.Xi-I Sector V Kolkata – 700 091 [Pan : Aadcg 1535 E] Ddit (I.T.)-1(1), Kolkata.….....................................................................................….......….......Respondent Appearances By: Shri Sachit Jolly, Advocate, Appeared On Behalf Of The Assessee. Shri G. Mallikarjuna, Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 27Th, 2018 Date Of Pronouncing The Order : August 3Rd , 2018 Order Per J. Sudhakar Reddy, Am :- These Three Appeals Filed By The Assessee Are Directed Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals)-Xvi, Kolkata Passed U/S 250 Of The Income Tax Act, 1961 (In Short The ‘Act’), Dt. 09/06/2009. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Assessment Year Of This Common Order. 2. The Appeals Bearing No’S Ita No. 1548 & 1549/Kol/2009 , For The Assessment Year 2003-04 & 2004-05, Were Referred By The Hon’Ble, Itat To A Special Bench Vide Order Dt. 6Th April, 2010, To Answer The Following Re-Framed Question.
Section 250
…e facts of the case and hence have to be admitted. He relied on the judgment of the Hon’ble Supreme Court in the case of National Thermal Power Co. Ltd. vs Commissioner Of Income Tax 1998 229 ITR 383 SC & in the case of Jute Corporation of India v. CIT [1991] 187 ITR 688 (SC). 4.2 The ld. D/R, opposed the contention of the assessee and argued that: a) Admittedly, Ground No. 1A, is an off shoot of Ground No. 1 which was raised, considered and adjudicated by the Special Bench of the Tribunal. Hence, what the assessee seeks is a review of the order passed by the Special Bench of the Tribunal, by raising the same…
