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Calcutta High Court

Commissioner Of Income Tax ... vs Messers Ual Industries Limited on 7 April, 2010

Author: Kalyan Jyoti Sengupta

Bench: Kalyan Jyoti Sengupta

                               GA No. 797 OF 2010
                               I.T.A.T. No. 6 of 2010

                      IN THE HIGH COURT AT CALCUTTA
                     SPECIAL JURISDICTION (INCOME TAX)
                               ORIGINAL SIDE

          COMMISSIONER OF INCOME TAX (CENTRAL)-III, KOLKATA

                                      Versus

                      MESSERS UAL INDUSTRIES LIMITED



  BEFORE:

  The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA

  The Hon'ble JUSTICE KALIDAS MUKHERJEE

  Date : 7th April, 2010.


           The Court :-Having heard Ms. Anwari Quereshi, Learned Counsel
for the appellant and having gone through the impugned judgment and
order we are of the view that substantial question of law is involved in this
matter.
             Hence, we admit the appeal on the following point of law ;-
             i)     Whether on the facts and in the circumstances of the case
                    the Income Tax Appellate Tribunal was justified in
                    allowing    deduction    under      Section   80IB   without
                    considering the facts and provisions of law ?
                  Mr. Khaitan, Learned Counsel appearing for the respondent

waives the service of Notice-of-Appeal.

Therefore, hearing of the Appeal be expedited 2 Let the requisite number of paper books be filed within eight weeks from date. Needless to mention, copy of such paper book be supplied to the Learned Advocate-on-record of Mr. Khaitan, as and when the same are filed.

Liberty to mention.

All parties are to act on a xerox signed copy of this order on the usual undertakings.

(KALYAN JYOTI SENGUPTA, J.) (KALIDAS MUKHERJEE, J.) GH.