Calcutta High Court
Commissioner Of Income-Tax vs M/S. Exide Industries Ltd on 10 December, 2009
Author: Sengupta
Bench: Sengupta
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Income-tax)
Original Side
Present :
The Hon'ble Justice Sengupta
And
The Hon'ble Justice I.P.Mukerji
10.12.2009
ITA 335 of 2009
Commissioner of Income-tax, Kolkata-I, Kolkata
Vs.
M/s. Exide Industries Ltd.
The Court :- Having heard Mr. Agarwal and having gone through the impugned judgment
and order of the learned Tribunal we are of the view that following substantial questions of law
involved in this matter and the appeal is admitted for hearing on the point as stated hereinbelow -
" Whether on the facts and in the circumstances of the case the Income-tax Appellate
Tribunal is correct in deleting the disallowance of Excise Duty of Rs. 13,22,38,387/- under
explanation to Section 43B of the Income-tax Act, 1961 as the assessee had debited the amount in
the profit and loss account and accordingly claimed as a deduction of the amount under Section
43B of the Act on the ground that the Excise Duty had been paid during the year or before the
submission of the return ?"
Let usual notice be issued upon the respondent and let requisite number of paper books be
prepared and filed within one week after the Christmas vacation.
Liberty to mention for early hearing. 2 In view of this order expediting hearing of the appeal Mr. Agarwal does not want to press for any interim relief. Hence the application is disposed of.
All parties shall act on a xerox signed copy of this order on usual undertakings.
(Sengupta, J.) (I.P. Mukerji, J.) ANC.