Calcutta High Court
Kolkata vs M/S.Akzo Noble India Ltd on 12 July, 2018
Author: Aniruddha Bose
Bench: Aniruddha Bose, Moushumi Bhattacharya
ORDER SHEET
GA NO.3706 of 2017
ITAT NO.388 OF 2017
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION(INCOME-TAX)
ORIGINAL SIDE
PRINCIPAL COMMISSIONER OF INCOME TAX ,KOLKATA-4,
KOLKATA
Versus
M/S.AKZO NOBLE INDIA LTD.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 12th July, 2018.
MD.NIZAMUDDIN, MR.P.DUDHERIA, ADVOCATES FOR
APPELLANT
MR.A.GUPTA, MR.A.MAZUMDER,ADVOCATES FOR RESPONDENT
The Court:-The question which has been pressed by the Revenue for admission of this appeal is as to whether reassessment undertaken by the assessing officer without issuing a notice under section 143(2) of the Income Tax Act, 1961 could be valid in law.
The point involved, however, is directly covered by the decision of the coordinate bench in ITAT 152 of 2015 in the case of Principal Commissioner of Income Tax, Kolkata-3 vs. Oberoi Hotels Pvt. Ltd. This decision has been delivered relying on the judgment of the Hon'ble Supreme Court of India in the case of Assistant 2 Commissioner of Income Tax vs. Hotel Blue Moon)reported in 321 ITR 362.
Mr.Nizamuddin, learned counsel, sought to rely on a decision of this Court to contend that under the provisions of section 292BB such a course is permissible if the assessee participates in the proceeding. But the coordinate bench in the judgment referred to has considered that unreported decision of this Court being the case of Commissioner of Income Tax Vs. Humboldt Wedag India Pvt. Ltd.(ITAT 149 of 2013) delivered on 8th April, 2014, and observed this authority to be per in curium considering the ratio the decision of the Hon'ble Supreme Court in the case of Hotel Blue Moon (supra). No other point has been urged before us for admission of this appeal.
In our view, the point sought to be urged by the Revenue stands covered by the aforesaid decision of the coordinate bench and no question of law is involved in this appeal. The appeal and the stay petition shall stand accordingly dismissed.
(ANIRUDDHA BOSE, J.) (MOUSHUMI BHATTACHARYA, J.) sb.