Calcutta High Court
M/S. Singhal Enterprises Pvt. Ltd vs Commissioner Of Income Tax on 25 November, 2021
Author: T. S. Sivagnanam
Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya
OD - 35
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (INCOME TAX)
ORIGINAL SIDE
IA NO:GA/1/2017 (OLD NO. GA/1413/2017)
IN
ITAT/160/2017
M/S. SINGHAL ENTERPRISES PVT. LTD.
VS.
COMMISSIONER OF INCOME TAX, CENTRAL III, KOLKATA
BEFORE :
THE HON'BLE JUSTICE T.S. SIVAGNANAM
AND THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA Date: November 25, 2021.
Appearance :
Mr. J. P. Khaitan, Sr. Adv.
Mr. Swapna Das, Adv.
Mr. Siddharth Das, Adv.
... for the appellant The Court : We have heard Mr. J.P. Khaitan, learned senior counsel assisted by Ms. Swapna Das, learned counsel appearing for the appellant.
The legal issue has been raised in this appeal is answered against the assessee in two other decisions of this Court, namely, Commissioner of Income Tax vs. Shelcon Properties P. Ltd. [2015] 370 ITR 305 (Cal) and Suolificio Linea Italia (India) (P.) Ltd. vs. Joint Commissioner of Income Tax [2018] 407 ITR 16 (Cal). Therefore, we are prima facie of the view that the substantial questions of law framed by 2 the assessee in this appeal have to be answered against the assessee. The learned senior counsel submitted that an application has been filed by the assessee before the Central Board Direct Taxes on 2nd April, 2018 under Section 119 (2) (c) of the Income Tax Act, 1961 and a prayer has been made before the Central Board to allow the claim made by the assessee for deduction under Sections 80IA and 80IB by relaxing the provisions of Section 80AC of the Income Tax Act. We are informed by the learned senior counsel that the said petition is yet to be disposed of and for such reason, we adjourn the hearing of the appeal by six weeks from date. By then, the appellant shall report before this Court as to the outcome of the petition filed before the Central Board on 2nd April, 2018. In the event the petition is still pending before the Central Board, we would request the Central Board to take a valid decision and pass a reasoned order so that finality can be arrived at. The appellant assessee is at liberty to produce a copy of this order before the Central Board for consideration.
List the appeal on 15th January, 2022.
(T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) S.Das/RS