ITO(TDS), WD-58(4), Kolkata vs. Sri Nirmal Kumar Kejriwal., Kolkata
In the result, the appeals of the revenue are allowed and the cross objection of the assessee is dismissed as infructuous
ITA 249/KOL/2013[2005-06]Status: DisposedITAT Kolkata06 Apr 2016AY 2005-06
Bench: : Shri M. Balaganesh & Shri S.S Viswanethra Ravi
For Appellant: Shri A.K.Tibrewal, FCA, ld.ARFor Respondent: None appeared
Section 133ASection 206CSection 206C(1)Section 206C(6)
…rmal Kumar Kejriwal 6.3. We find that the Learned CIT(A) had placed reliance on the decision of the Hon’ble Supreme Court in the case of Deputy CIT vs Pio Food Packers reported in 46 STC 63 SC, that :- Further, in the case of State of Orissa vs Patel Mills (37 STC 392 Ori) held that purchasing logs or timber, sawing them into planks , sleepers , etc., amount to manufacture. Hence it could be safely concluded that the timber is different from sawn timber and hence the provisions of section 206C of the Act would not be applicable to the assessee. 6.4. We find that the Learned CIT(A) had given a categorical find…