Calcutta High Court
Commissioner Of Income Tax vs M/S. Narsingpore Tea Co. Pvt.Ltd on 20 December, 2010
Author: Kalyan Jyoti Sengupta
Bench: Kalyan Jyoti Sengupta
ITAT No. 219 OF 2010
GA No.3120 of 2010
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (INCOME TAX)
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, KOLKATA-II
Versus
M/S. NARSINGPORE TEA CO. PVT.LTD.
BEFORE:
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE KANCHAN CHAKRABORTY
Date : 20th December, 2010.
The Court :- The appeal in relation to assessment year 2003-04 is
admitted on the following substantial questions of law;-
i) Whether the Income Tax Appellate Tribunal erred in law in not
holding that the cess on green leaf is not allowable as deduction
from composite income before computation of income chargeable
to tax ?
ii) Whether the Income Tax Appellate Tribunal was justified in
holding that cess on green leaf is allowable deduction from
composite income whereas Rs.17,03,915/- is the expenses related
to 100% agricultural operation and, therefore, the decision of
Income Tax Appellate Tribunal is perverse ?
iii) Whether the Income Tax Appellate Tribunal erred in law in
allowing depreciation of Rs.1,49,785/- under Section 33AB(6) of
the Income Tax Act, 1961 relying on the decision of the Hon'ble
2
Income Tax Appellate Tribunal in the case of (C.I.T. Vs. Goodrick
Group Ltd.) ignoring the decision of the jurisdictional High Court
reported in 137 ITR 827 and 1348 ITR 68 and as such whether
the decision of this Income Tax Appellate Tribunal is at all
sustainable ?
The appellant shall file requisite number of paper books within two
months after Christmas Vacation.
Let Notice-of-Appeal be served upon the respondents by the Department
concerned on usual course.
Accordingly the application is disposed of. All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
(KALYAN JYOTI SENGUPTA, J.) (KANCHAN CHAKRABORTY, J.) GH.