Calcutta High Court
Commissioner Of Income Tax (Large Tax ... vs M/S. Century Plyboards (India) Ltd on 17 November, 2021
Author: T. S. Sivagnanam
Bench: T. S. Sivagnanam, Hiranmay Bhattacharyya
1
OD-54
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction (Income tax)
ORIGINAL SIDE
IA No.GA 2 of 2017 (Old No. GA 1194 of 2017)
In
ITAT 135 of 2017
COMMISSIONER OF INCOME TAX (LARGE TAX PAYERS UNIT) KOLKATA
Vs
M/S. CENTURY PLYBOARDS (INDIA) LTD.
BEFORE:
The Hon'ble JUSTICE T. S. SIVAGNANAM
AND
The Hon'ble JUSTICE HIRANMAY BHATTACHARYYA
Date : 17th November, 2021.
Appearance:
Mr. Suniti Kumar Chatterjee, Adv.
...for the appellant.
Mr. J.P. Khaitan, Sr. Adv.
Ms. Swapna Das, Adv.
Mr. Sanjoy Bhowmik, Adv.
Mr. Siddharth Das, Adv.
...for the respondent.
The Court : Heard Mr. Suniti Kumar Chatterjee, learned Counsel appearing for the appellant/Revenue and Mr. J.P. Khaitan, learned Senior Counsel appearing for the respondent/assessee.
The appeal is admitted on the following substantial question of law :
i) Whether on the facts and in the circumstances of the case, the Learned Tribunal erred in law in allowing the benefit under section 80IC of the Income Tax Act to the tune of Rs.13,39,01,852/- by not appreciating the facts and evidences on record that the assessee has not undertaken substantial expansion of business as is required under section 80IC (2)(b)(iii) 2 of the Act for claiming the benefit of exemption under section 80IC of the Income Tax Act.
The appellant is directed to file requisite number of informal paper book prepared out of Court within eight weeks from date and serve copies of the same on the learned standing counsel for the respondent/assessee.
List the appeal on 3rd January, 2022 along with ITAT No.249 of 2018.
All other formalities including settlement of index are dispensed with.
Since the respondent has accepted notice, service of notice of appeal is dispensed with.
The application being IA No.GA 2 of 2017 (Old No. GA 1194 of 2017 is disposed of.
(T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) s.pal/pa.