Amrit Feeds Ltd vs Principal Commissioner Of Income Tax on 5 October, 2018

[Cites 2, Cited by 1]

Calcutta High Court

Amrit Feeds Ltd vs Principal Commissioner Of Income Tax on 5 October, 2018

Bench: I. P. Mukerji

OD11
                         ITAT No. 68 of 2018
                          GA No. 760 of 2018
                         GA No. 2899 of 2018
                  IN THE HIGH COURT AT CALCUTTA
                 SPECIAL JURISDICTION (INCOME TAX)
                           ORIGINAL SIDE



                                                        Amrit Feeds Ltd.
                                                                 Versus
                 Principal Commissioner of Income Tax, Central Circle - 1



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice AMRITA SINHA
Date: 5th October 2018

                                                               Appearance:
                                           Mr. J. P. Khaitan, Sr. Advocate
                                    Mr. Pratyush Jhunjhunwala, Advocate
                                             Mr. Pranav Sharma, Advocate
                                                          for the appellant

       The Court: This appeal under section 260A of the Income Tax Act,

1961 is admitted on the following substantial question of law:

       "Whether the conditions precedent for assumption of jurisdiction

and exercise of power under section 263 of the Income Tax Act, 1961, by

the Principal Commissioner of Income Tax existed and/or were satisfied

for the assessment year 2013-2014 and the purported findings of the

tribunal upholding his order are perverse?"

       Since the respondent is not appearing, let a formal notice of appeal

be issued and served upon them by 22nd November 2018.

All other formalities are dispensed with. Let informal paper books be filed by the advocate-on-record for the appellant by 7th December 2018. One copy thereof should be served on the respondent atleast seven days before the date of hearing.

List the appeal for hearing on 19th December 2018. The part of the order of the tribunal relating to the order of the Commissioner under section 263 of the Income Tax Act, 1961 is stayed. 2 The order of the Commissioner dated 31st March 2017 is also stayed. All other proceedings on the basis of the said part of the order of the Tribunal are stayed and no new proceeding will be initiated based on the said part of the order of the tribunal.

The general applications (GA No. 760 of 2018 and GA No. 2899 of 2018) are disposed of by this order.

Liberty is granted to the respondent to apply for vacation or variation of this order.

Certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(I. P. MUKERJI, J.) (AMRITA SINHA, J.) R. Bose

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