Calcutta High Court
Makaibari Kanoi Tea Estate Pvt.Ltd vs Commnr.Of I.T.Wb-Ii on 6 August, 2013
Author: Indira Banerjee
Bench: Indira Banerjee
ORDER SHEET
ITA NO. 83 OF 2000
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (INCOME TAX)
ORIGINAL SIDE
MAKAIBARI KANOI TEA ESTATE PVT.LTD.
Versus
COMMNR.OF I.T.WB-II
BEFORE:
The Hon'ble JUSTICE INDIRA BANERJEE
The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI
Date : 6th August, 2013.
Appearance:
Mr. R.N. Dutta, Adv.
Ms. Sutapa Roychowdhury, Adv.
Mr. D.K. Shome, Sr. Adv.
The Court :- The appeal was admitted on the following question of law:
1."Whether on the facts and in the circumstances of the case the liability of interest of Rs.42,27,001/- (Rupees forty two lacs twenty seven thousand and one) only accrued in the year under appeal according to mercantile system of accounting"?
It, however, appears that two suits were filed one by the assessee in this Court and another by the bank in the appropriate Court at Alipore. The disputes were settled and ultimately interest was claimed for the year during which the interest was actually paid. This appeal has, accordingly, become infructuous.
Mr. Dutta submits that his client does not wish to proceed with the appeal.
The appeal is, accordingly, dismissed for non prosecution. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities.
(INDIRA BANERJEE, J.) (Dr. SAMBUDDHA CHAKRABARTI, J.) cs A.R.(CR).