Commissioner of Income Tax, vs. Agricultural Market Committee,

In the result, the appeal (ITA/70/2011) is allowed to the extent indicated

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 20Th March, 2023 Appearance : Mr. C. Bhaskaran, Adv. Ms. Swapna Das, Adv. …For The Appellant. Mr. Aryak Dutt, Adv. …For The Respondent.. The Court : - This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act (The Act) Is Directed Against The Order Dated September 30, 2009 Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata In Ita No.2486/Kol/2007 For The Assessment Year 2003-2004. The Appeal Was Admitted On 18.03.2011 On The Following Substantial Questions Of Law:- “1. Whether The Tribunal Below, While Interpreting Section 36(1)(Viia)(A) Of The Income-Tax Act, 1961, Committed Substantial Error Of Law In Holding That Deduction Under The First Proviso Was Alternative To That Under Sub-Clause (A) & That No Deduction Under The First Proviso Was Allowable If Deduction Had Been Allowed Under Sub-Clause (A) Thereby Rejecting The Appellant’S

2) and (3) inserted in Section 14A of the Income Tax Act, 1961 with effect from April 1,2007 and Rule 8D inserted in the Income Tax Rules 1962 on March 24, 2008 was procedural and retrospective and were applicable for the assessment year 2003-2004? 3. Whether the Tribunal below committed substantial error of law in directing the Assessing