Calcutta High Court
Now Known As M/S. Empire And Singlo Tea ... vs Commissioner Of Income Tax on 30 September, 2015
Author: Soumitra Pal
Bench: Soumitra Pal
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction
[Income Tax]
ORIGINAL SIDE
ITA 363 of 2005
M/S. EMPIRE PLANTATIONS [INDIA] LTD.
[Now known as M/s. Empire and Singlo Tea Limited]
Versus
COMMISSIONER OF INCOME TAX, CENTRAL - I, KOLKATA & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL
The Hon'ble JUSTICE MIR DARA SHEKO
Date : 30th September, 2015.
Mrs. Nilanjana Banerjee Pal, Adv.
Mr. Prithu Dudhoria, Adv.
The Court : The instant appeal was admitted on the following
substantial question of law :
" Whether on a true and proper interpretation of the scope of
Section 33AB of the Act the Tribunal was justified in law in
holding that the deduction under Section 33AB of the Act is
to be allowed only against the non-agricultural portion of the
income after apportionment of the composite income is
computed under Rule 8 of the Rules?
2
It is submitted by Mrs. Nilanjana Banerjee Pal, learned advocate
appearing for the appellant/assessee that the question stands covered in favour
of the assessee in view of the judgement of the Calcutta High Court in
Goodricke Group Ltd. vs. Commissioner of Income-tax-II, Kolkata : 199 Taxman
243 (Calcutta) (MAG.)/[2011] 242 CTR 509 [Calcutta], which is not disputed by
Mr. Dudhoria, learned advocate appearing for the respondent/revenue.
Heard the learned advocates for the parties. In view of the judgement of the Calcutta High Court in Goodricke Group Ltd. [ supra ], the question is answered in the negative, against the revenue and in favour of the assessee.
The appeal is allowed.
(SOUMITRA PAL, J.) (MIR DARA SHEKO, J.) sm