Calcutta High Court
Principal Commissioner Of Income ... vs M/S. Natural Products Export ... on 23 July, 2018
Author: Aniruddha Bose
Bench: Aniruddha Bose, Moushumi Bhattacharya
ORDER SHEET ITAT 48/2017; GA 442/2017
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction
INCOME TAX
ORIGINAL SIDE
PRINCIPAL COMMISSIONER OF INCOME TAX-III
Versus
M/S. NATURAL PRODUCTS EXPORT CORPORATION. LTD.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 23rd July, 2018.
Appearance:
Mr. M.K. Lodh, Adv.
Mr. Aniket Mitra, Adv.
..for Appellant.
Mr. S. Bagaria, Adv.
Ms. Swapna Das, Adv.
Mr. S. Kajriwal, Adv.
..for Respondent.
The Court:-Having heard Mr.Lodh, learned Counsel for the Revenue, we admit the appeal on the following point, which in our opinion involves substantial question of law:-
Whether the decision of the Income Tax Appellate Tribunal holding that the assessee was entitled to deduction under Section 10B of the Income Tax Act, 1961 for the assessment year 2009-10 having regard to the stand of the Revenue that production in the export oriented unit had been commenced in the previous year relevant to the assessment year 1998-99 is contrary to statutory provision ?2
There is a stay petition taken out by the Revenue. We do not consider it necessary for independently addressing the stay petition, the stay petition shall stand disposed of. We shall, however, decide the appeal treating the stay petition as the paper book, as we are apprised by the learned Counsel appearing for the parties that the stay petition contains all the relevant materials. We, accordingly, dispense with the requirement of filing of paper books.
Mr. Bagaria, learned Counsel appearing for the assessee waives service of notice of appeal. All other formalities for making the appeal ready shall stand dispensed with.
Let the appeal be listed in the Monthly List of August, 2018.
(ANIRUDDHA BOSE, J.) (MOUSHUMI BHATTACHARYA, J.) nm