PRINCIPAL COMM OF INCOME TAX 3, KOLKATA vs. M/S BRITANNIA INDUSTRIES LIMITED
The appeal is dismissed and the substantial
ITAT/216/2017HC Calcutta25 Aug 2022
Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 25Th August, 2022 Appearance : Mr. Prithu Dudhoria, Adv. ….For Appellant Mr. R.K. Murarka, Sr. Adv. Ms. Sutapa Roychowdhury, Adv. Ms. Aratrika Roy, Adv. …For Respondent The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act, For Brevity) Is Directed Against The Order Dated October 28, 2016, Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata, In I.T.A No.775/Kol/2015 For The Assessment Year 2009-2010. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- “Whether On The Facts & Circumstances Of The Case & In Law, The Learned Income Tax Appellate Tribunal “A” Bench Erred In Quashing The Order Of The Principal Commissioner Of Income Tax –3, Kolkata Passed
Section 260ASection 263
gain but not as capital receipt
or business income. In this factual context, we are called upon to examine the
question whether the CIT is justified in terming the order of AO as erroneous
and without proper enquiry or on wrong assumption of the facts.”
From the above, we see that it is not a case where the Assessing Officer