BJN Paints India Limited (since merged with Berger Paints India Limited ), Kolkata V. I.T.O.,Ward-7(4), Kolkata

ITA 1618/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8682 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 08-01-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 05-07-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Assessee Lawyers: ALOK GOENKA; AAKASH AGARWAL
• Keywords: Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER] I.T.A. NO. 1618/KOL/2019 ASSESSMENT YEAR: 2014-15 BJN PAINTS INDIA LIMITED.................APPELLANT (SINCE MERGED WITH BERGER PAINTS INDIA LIMITED) BERGER HOUSE 129, PARK STREET KOLKATA 700 017 [PAN: AAFCB 3649 G] VS. INCOME TAX OFFICER, WARD-7(4), KOLKATA........................................................RESPONDENT APPEARANCES BY: SHRI ALOK GOENKA, FCA & SHRI AAKASH AGARWAL, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SHRI JAYANTA KHANRA, JCIT, D/R, APPEARING ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : JANUARY 8 TH , 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 15 TH , 2020 O R D E R PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 3, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 18/04/2019, FOR THE ASSESSMENT YEAR 2014-15. 2. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS GROUND NOS. 1 & 2 AS NOT PRESSED. 3. COMING TO GROUND NO. 3, WE SET ASIDE THE SAME TO THE FILE OF THE ASSESSING OFFICER, FOR FRESH ADJUDICATION, IN ACCORDANCE WITH LAW. THE ASSESSING OFFICER SHALL FOLLOW THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF UOI VS. EXIDE INDUSTRIES LTD. IN SLP PROCEEDINGS IN CC 12060/2008, DT. 08/09/2008 AND IN CC 22889/2008, ORDER DT. 08/05/2009. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART. KOLKATA, THE 15 TH DAY OF JANUARY, 2020. SD/- [J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 15.01.2020 {SC SPS} C OPY OF THE ORDER FORWARDED TO: 1. BJN PAINTS INDIA LIMITED (SINCE MERGED WITH BERGER PAINTS INDIA LIMITED) BERGER HOUSE 129, PARK STREET KOLKATA 700 017 2. INCOME TAX OFFICER, WARD- 7(4), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, 2 OPY OF THE ORDER FORWARDED TO: (SINCE MERGED WITH BERGER PAINTS INDIA LIMITED) 7(4), KOLKATA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES I.T.A. NO. 1618/KOL/2019 ASSESSMENT YEAR: 2014-15 BJN PAINTS INDIA LIMITED TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES