Calcutta High Court
Md. Serajuddin & Bros vs Commissioner Of Income Tax - Xvi on 31 January, 2014
Author: Girish Chandra Gupta
Bench: Girish Chandra Gupta
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction
[Income Tax]
ORIGINAL SIDE
ITA No. 383 of 2003
MD. SERAJUDDIN & BROS.
Versus
COMMISSIONER OF INCOME TAX - XVI
BEFORE:
The Hon'ble JUSTICE GIRISH CHANDRA GUPTA
The Hon'ble JUSTICE TAPASH MOOKHERJEE
Date : 31st January, 2014.
For appellant : Mr. J.P. Khaitan, Senior Advocate with
Mr. Sanjay Bhowmick, Advocate
For respondent : Mr. D. K. Shome, Senior Advocate with
Mr. R. K. Chowdhury, Advocate The Court : The appeal was admitted on the basis of the following questions of law:
"I. Whether the Tribunal was justified in law in upholding the orders of rectification under Section 154 on the ground that there was wrong application of law and in rejecting the appellant's contention that the issue relating to interpretation of section 40(b)(v) and Explanation 3 thereto was a debatable one and the proceedings under section 154 were without jurisdiction ?2
II. Whether and in any event, on a proper construction of the provisions of section 40(b)(v) and Explanation 3 thereto, "book profit" comprises the entire net profit as shown in the profit and loss account or only profit and gains of business assessed under Chapter IV-D and the Tribunal was justified in law in holding that income assessed under the head "Other sources" was not to be included in the "book profit"?"
When the appeal was taken up for hearing, learned counsel appearing for both the parties were ad idem on the fact that both the points are now covered by a Division Bench Judgment of this Court in ITA No.201 of 2003 [ Md. Serajuddin & Bros., vs. Commissioner of Income Tax, XXI ]. The appellant in that was the same assessee as the appellant before us.
Since questions are now covered, no further deliberation is required.
The appeal is, thus, disposed of in favour of the assessee.
(GIRISH CHANDRA GUPTA, J.) (TAPASH MOOKHERJEE, J.) sm AR[CR]