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Calcutta High Court

Commissioner Of Income Tax vs M/S. Shree Hanuman Rice Mills on 7 June, 2010

Author: Mohit S. Shah

Bench: Mohit S. Shah, Kalyan Jyoti Sengupta

                            ITAT 70 of 2010
                         GA No. 1137 of 2010
                 IN THE HIGH COURT AT CALCUTTA
                   Special Jurisdiction (Income-tax)
                              Original Side

COMMISSIONER OF INCOME TAX, KOL XV,KOLKATA                 Appellant
  Versus
M/S. SHREE HANUMAN RICE MILLS.                          Respondent

For Appellant : Mr. M.P.Agarwal, Advocate For Respondent :

BEFORE:

The Hon'ble CHIEF JUSTICE MOHIT S. SHAH AND The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA Date : 7th June, 2010.

THE COURT : The appeal is admitted in terms of the following substantial questions of law for the assessment year 2006-07 :-

"i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in allowing deduction of Rs.44,816 under the head interest on unsecured loans when the loans did not appear in the balance sheet ?

ITAT 70 of 2010 GA No. 1137 of 2010

ii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in deleting the disallowance of interest of Rs.1,98,409, paid to a partner of the firm while no interest was charged on the advances made to him ?

v) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in deleting the disallowance of Rs.2,05,082 as marketing fees which pertained to the earlier years ?

vi) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in deleting the disallowance of Rs.8,56,077, on account of administrative charges, commission and sales tax, which were not proved before the Assessing Officer ?

ITAT 70 of 2010 GA No. 1137 of 2010 As far as proposed questions Nos. (iii) and (iv) are concerned, looking to the smallness of the amounts involved, we do not think it fit to formulate the said questions as the questions to be considered at the time of final hearing of the appeal.

The appellant is directed to file requisite numbers of paper book within three months from date.

Let notice of appeal be issued to the respondent. The stay application stands disposed of. All parties are to act on a signed photostat copy of this order on the usual undertaking.

( MOHIT S. SHAH, C.J.) ( SENGUPTA, J.) Rsg.

Asst.Registrar (CR)