Calcutta High Court
Principal Commissioner Of Income Tax vs M/S. Simplex Somdatt Builders Jv on 4 December, 2023
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
ORDER OD - 2
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (INCOME TAX)
ORIGINAL SIDE
ITAT/214/2018
IA NO: GA/2/2018 (Old No: GA/1827/2018)
PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA - 11, KOLKATA
VERSUS
M/s. SIMPLEX SOMDATT BUILDERS JV
BEFORE:
The Hon'ble Justice SURYA PRAKASH KESARWANI
The Hon'ble Justice RAJARSHI BHARADWAJ
Date : 4th December 2023.
Appearance:
Ms. Smita Das De, Advocate
... for appellant.
Ms. Nilanjana Banerjee Pal, Advocate
... for respondent.
1. Heard Ms. Smita Das De, learned senior standing counsel for the Income Tax Department / appellant and Ms. Nilanjana Banerjee Pal, learned counsel for the respondent / assessee.
2. Admit on the following substantial question of law:-
i) Whether on the facts and in the circumstances of the case the Learned Tribunal has erred in law in allowing the claim of the assessee amounting to Rs.7,58,28,400/- under Section 80IA of the Income Tax Act, 1961, by treating the assessee as a developer and not a contractor by 2 disregarding that the assessee did not qualify to be a developer within the meaning of Section 80IA(4) read with Explanation under Section 80IA(13) of the Income Tax Act, 1961, which came with retrospective effect from 01.04.2000 by Finance Act, 2009?
3. Let paper book be prepared and filed within a month, after serving a copy thereof upon the learned counsel for the respondent/assessee.
4. List in the monthly list of January 2024.
(SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) S. Kumar