Gauhati High Court
The Commissioner Of Income Tax vs M/S. Shree Ganpati Rolling Mills Pvt. ... on 8 March, 2017
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
I.T.A. No.130 of 2017
BEFORE
HON'BLE THE CHIEF JUSTICE MR. AJIT SINGH
HON'BLE MR. JUSTICE MANOJIT BHUYAN
08-03-2017
(Ajit Singh, C.J.)
Mr. Sonjay Sarma, learned Standing Counsel, Income Tax
Department for the appellant.
None for the respondent.
Heard on admission.
This Appeal relates to the claim of income tax exemption for the transport subsidy amount received by the assessee. The departmental authorities declared that the assessee is entitled to exemption to tax under Section 80-IB and 80-IC of the Income Tax Act and that is how, the Commissioner of Income Tax (CIT) has filed this Appeal, under Section 260(A) of the Income Tax Act.
Today when the case is listed for admission, Mr. S. Sharma, the learned standing counsel for the Department produced the recent judgment in Com m issioner of Incom e Tax vs. M eghalaya Steels Ltd . reported in (2016) 383 ITR 0217 (SC), to project that the issue about deduction of tax on account of transport subsidy is finally decided by the Supreme Court in favour of the assessee. Therefore adjudication of this Appeal is contended to be unnecessary and the departmental lawyer fairly submits that this Appeal should be dismissed on account of the judgment rendered by the Supreme Court, in the M eghalaya Steels Ltd . (Supra).
In view of the above submission made by the standing counsel of the Income Tax Department and having regard to the ratio in M eghalaya Steels Ltd. (Supra), we order dismissal of the Appeal.
JUDGE CHIEF JUSTICE
ISINGH
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