Calcutta High Court
Commissioner Of Income Tax vs Haldia Ioc Employees' Welfare ... on 18 August, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
ITA No.416 of 2008
G.A.No.1807 of 2008
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Income Tax)
COMMISSIONER OF INCOME TAX, KOLKATA-XVIII
Versus
HALDIA IOC EMPLOYEES' WELFARE CO-OPERATIVE CREDIT SOCIETY LTD.
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE
AND The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 18th August, 2008.
The Court : We have perused the application for condonation of delay. We are satisfied that sufficient cause has been shown in the petition to condone the delay of 120 days. Hence delay is condoned. The application being G.A.No.1807 of 2008 is allowed.
We now take up the appeal. We have heard the learned Counsel for the appellant. We have perused the order so passed by the learned Tribunal. It appears that most of the grounds for which the appeal was filed by the assessee before the learned Tribunal were remanded to the file of the Assessing Officer to decide the same afresh. In the appeal filed by the Revenue before the Tribunal, the learned Tribunal upheld the order of the CIT (Appeal) relying upon the decision of the Hon'ble Apex Court in the case of Karnataka State Co-operative Apex Bank in which the CIT(Appeal) has held that the claim of 2 the assessee under Section 80P(2)(a)(i) has to be allowed in view of the decision of the Hon'ble Apex Court cited hereinabove.
In view of that, in our considered opinion, the point has already been settled in the said decision of the Hon'ble Apex Court. Hence we do not find that there is any reason to admit the appeal as the question has already been settled. Accordingly, the appeal is dismissed.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) pa.