Calcutta High Court
Commissioner Of Income-Tax ... vs Binani Industries Ltd on 15 March, 2010
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 Debasish Kar Gupta
15.03.2010
ITA 131 of 2009
Commissioner of Income-tax (Central-I), Kolkata
Vs.
Binani Industries Ltd.
The Court :- Mr. Mitra, learned Sr. Advocate for the appellant submits that he does
not press question I and he submits that question No. II may be considered by this Court for
hearing of the appeal. Having gone through the impugned judgment and order of the learned
Tribunal we are of the view that following substantial question of law is involved in this matter.
Accordingly, we admit the appeal for hearing on the following point :-
"1. Whether on the facts and in the circumstances of the case the Income Tax Appellate
Tribunal was justified in coming to the conclusion that regular assessment require fresh
investigation and finding although the fact remain that the purchase of plant and machinery was
already established as bogus in the Block Assessment ?"
Let requisite number of paper books be filed within eight weeks from date.
Mr. Dey, learned Advocate for the respondent waives service of notice of appeal.
The application id disposed of. All parties shall act on a xerox signed copy of this order on usual undertakings.
(Sengupta, J.) (Debasish Kar Gupta, J.) ANC.