Integrated Coal Mining Limited , Kolkata V. DCIT, Circle - 6(1), Kolkata, Kolkata

ITA 18/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7612 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 03-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: D MUKHERJEE; A GOENKA
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA D BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER] I.T.A. NO. 18/KOL/2018 ASSESSMENT YEAR: 2010-11 INTEGRATED COAL MINING LIMITED.............APPELLANT 6, CHURCH LANE KOLKATA 700 001 [PAN : AAACI 5584 L] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1), KOLKATA.................RESPONDENT APPEARANCES BY: SHRI D. MUKHERJEE & SHRI A. GOENKA, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI C.J. SINGH, SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 27 TH , 2018 DATE OF PRONOUNCING THE ORDER : JANUARY 9 TH , 2019 O R D E R PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 8, KOLKATA, (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 21/11/2017, FOR THE ASSESSMENT YEAR 2010-11, ON THE FOLLOWING GROUNDS:- 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT (APPEALS) ERRED IN SETTING ASIDE THE ISSUE OF DISALLOWANCE OF PROVISION FOR LEAVE ENCASHMENT UNDER SECTION 43B OF THE ACT AMOUNTING TO RS.6,12,100/- TO THE FILE OF THE ASSESSING OFFICER IN EXCESS OF THE POWERS GRANTED TO HIM. 2. THAT THE APPELLANT CRAVES LEAVE TO ADD, AMEND, MODIFY, RESCIND, SUPPLEMENT OR ALTER ANY OF THE GROUNDS STATED HEREINABOVE EITHER BEFORE OR AT THE TIME OF HEARING OF THIS APPEAL. 2. WE HAVE HEARD RIVAL CONTENTIONS. ON CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, PERUSAL OF THE PAPERS ON RECORD, ORDERS OF THE AUTHORITIES BELOW AS WELL AS CASE LAW CITED, WE HOLD AS FOLLOWS:- 3. UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE, WE FOLLOW THE DECISION OF THE KOLKATA C BENCH OF THE ITAT, IN ITA NO.1146 & 1138/KOL/2012; ASSESSMENT YEAR 2008-09; DT. 30/11/2015 , AND RESTORE THIS ISSUE OF DISALLOWANCE U/S 43B OF THE ACT, 2 I.T.A. NO. 18/KOL/2018 ASSESSMENT YEAR: 2010-11 INTEGRATED COAL MINING LIMITED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW BASED ON THE OUTCOME OF THE APPEAL ON MERITS BY 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 FOR STATISTICAL PURPOSES. KOLKATA, THE 9 TH DAY OF JANUARY, 2019. SD/- SD/- [S.S. VISWANETHRA RAVI] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 09.01.2019 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. INTEGRATED COAL MINING LIMITED 6, CHURCH LANE KOLKATA 700 001 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES 3 I.T.A. NO. 18/KOL/2018 ASSESSMENT YEAR: 2010-11 INTEGRATED COAL MINING LIMITED