DCIT, C.C. XVI, Kolkata, Kolkata V. M/s. Tezpore Tea Co. Ltd., Kolkata

ITA 1408/KOL/2010

• Counselvise Citation: 140823514 RSA 2010
• Duration Of Justice: 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-05-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 06-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P P SARKAR
• Assessee Lawyers: D S DAMLE
• Keywords: Revised return
• Section: 43B

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA ( ) . . , , , , ) [BEFORE HONBLE SRI B.R. MITTAL, J.M. & HONBLE SRI AKBER BASHA, A.M.] ! ! ! ! / I.T.A NO. 1408/KOL/2010 '# $% / ASSESSMENT YEAR : 2004-2005 DEPUTY COMMISSIONER OF INCOME TAX, -VS.- M/S. TEZPORE TEA CO. LTD., KOLKATA CENTRAL CIRCLE-XVI, KOLKATA (PAN : AAACT 9789 N) ( &' /APPELLANT ) ( ()&' / RESPONDENT ) FOR THE APPELLANT : SHRI P.P. SARKAR, D.R. FOR THE RESPONDENT : SHRI D.S. DAMLE, A.R. / ORDER PER SHRI B. R. MITTAL, JUDICIAL MEMBER/ . . , : THE DEPARTMENT HAS FILED THIS APPEAL FOR ASSESSMEN T YEAR 2004-05 AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL-I I, KOLKATA DATED 22.03.2010 ON THE FOLLOWING GROUNDS :- (1) THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A.) HAS ERRED IN ALLOWING RS.22,60,265/- AS PAY MENT MADE FOR ADDITIONAL EXCISE DUTY WITHOUT APPRECIATING THE FAC T THAT THE ASSESSEE DID NOT MAKE SUCH CLAIM IN ITS RETURN OF INCOME. (2) THAT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A.) ERRED IN ALLOWING RS.22,60,265/- AS PAYMENT MADE FOR ADDITIONAL EXCISE DUTY BY CONTRADICTING HIS OWN FIN DING THAT THE ACTION OF THE ASSESSING OFFICER WAS JUSTIFIED IN VIEW OF T HE DECISION OF HONBLE SUPREME COURT IN THE CASE OF GOETZE INDIA LTD. VS. - CIT [284 ITR 323] AS THE ASSESSEE DID NOT CLAIM THE DEDUCTION EI THER IN THE RETURN OF INCOME OR IN A REVISED RETURN OF INCOME. 2. AT THE TIME OF HEARING, LD. A.R. SUBMITTED THAT THE SIMILAR ISSUE HAD BEEN CONSIDERED BY THE TRIBUNAL IN ITA NO. 2072/KOL./2007 VIDE ORDER D ATED 27.06.2008 IN THE CASE OF DCIT VS.- RAMESH CHANDRA KEDIA, WHEREIN THE TRIBUNAL AFTER CO NSIDERING THE DECISION OF THE HONBLE ITA NO. 1408/KOL./2010 2 APEX COURT IN THE CASE OF GOETZE INDIA LTD. VS.- C IT [284 ITR 323] READ WITH THE DECISION OF THE HONBLE APEX COURT IN THE CASE OF JUTE CORPORAT ION OF INDIA LTD. VS.- CIT [187 ITR 688] HAS HELD THAT THE FIRST APPELLATE AUTHORITY CAN ADM IT AN ADDITIONAL GROUND WHEN THE GROUND RAISED WAS BONAFIDE. HE SUBMITTED THAT THE TRIBUNAL BY FOLLOWING THE SAID DECISION ALLOWED THE SIMILAR GROUND. LD. A.R. SUBMITTED THAT THE LD. CIT (APPEALS) BY FOLLOWING THE SAID DECISION OF THE TRIBUNAL DATED 27.06.2008 (SUPRA) HAS ALLOWED T HE PAYMENT OF ADDITIONAL EXCISE DUTY OF RS.22,60,265/- MADE BY THE ASSESSEE IN THE FINANCIA L YEAR RELEVANT TO THE ASSESSMENT YEAR UNDER CONSIDERATION AND ALSO CONSIDERING THE DETAILS OF S UCH PAYMENTS SUBMITTED DELETED THE ADDITION/ DISALLOWANCE MADE BY THE ASSESSING OFFICER. THE LD. A.R. SUBMITTED THAT THE ASSESEE PAID THE SAID EXCISE DUTY IN THE ASSESSMENT YEAR UNDER CONSI DERATION AND THE SAME HAS RIGHTLY BEEN ALLOWED BY THE LD. CIT(APPEALS) IN VIEW OF SECTION 43B OF THE INCOME TAX ACT IRRESPECTIVE OF THE FACT WHETHER IT WAS CLAIMED AS DEDUCTION IN THE RETURN OF INCOME OR NOT. LD. A.R. SUBMITTED THAT THE ORDER OF THE LD. CIT(APPEALS) BE CONFIRMED . 3. ON THE OTHER HAND, LD. D.R. RELIED ON THE ORDER OF THE ASSESSING OFFICER. 4. CONSIDERING THE FACTS OF THE CASE THAT THE ASSES SEE HAS PAID THE ADDITIONAL EXCISE DUTY OF RS.22,60,265/- IN THE ASSESSMENT YEAR UNDER CONSIDE RATION IRRESPECTIVE OF THE FACT THAT THE SAID DEMAND WAS DISPUTED BY THE ASSESSEE, AS ALSO THAT T HE ASSESSEE DID NOT CLAIM THE SAID AMOUNT AS DEDUCTION IN THE PROFIT & LOSS A/C. FILED, WE HOLD THAT THE LD. CIT(APPEALS) HAS RIGHTLY CONSIDERED THE SAID CLAIM OF THE ASSESSEE AND HAS A LLOWED THE DEDUCTION IN VIEW OF SECTION 43B OF THE ACT. SINCE THE ABOVE ISSUE IS COVERED BY THE EARLIER ORDER OF THE TRIBUNAL DATED 27.06.2008 (SUPRA), WE UPHOLD THE ORDER OF LD. CIT( APPEALS) AND REJECT THE GROUND OF APPEAL TAKEN BY THE DEPARTMENT. 5. IN THE RESULT, THE APPEAL OF THE DEPARTMENT IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09.05.2011. SD/- SD/- [AKBER BASHA/ ] [ B.R. MITTAL / . . ] ACCOUNTANT MEMBER/ JUDICIAL MEMBER/ DATED : 09/ 05/ 2011 ITA NO. 1408/KOL./2010 3 COPY OF THE ORDER FORWARDED TO: 1. M/S. TEZPORE TEA CO. LTD., DHUNSERI HOUSE, 4A, WOOD BURN PARK, KOLKATA- 20, 2 DCIT, CENTRAL CIRCLE-XVI, 18, RABINDRA SARANI, KOLK ATA-1, 3. COMMISSIONER OF INCOME-TAX (APPEALS), CENTRAL-II, K OLKATA, 4 CIT, KOLKATA- 5 . DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSIS TANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.