Bates India Pvt. Ltd., Kolkata V. Add.CIT,Range-8, Kolkata, Kolkata

ITA 904/KOL/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 87616 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2015
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 12-06-2012
• Court: TRIBUNAL
• Department Lawyers: AMIT PATNI
• Assessee Lawyers: K L KANAK

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA ( ) BEFORE , /AND , ) [BEFORE SHRI MAHAVIR SINGH, JM & SHRI SHAMIM YAHYA , AM ] / I.T.A NO. 904 /KOL/201 2 / ASSESSMENT YEAR : 200 7 - 0 8 BATES INDIA (P) LTD. VS. ASSISTANT COMMISSIONER OF INCOME - TAX, (PAN:AABCC3474A) RANGE - 8, KOLKATA ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING: 15 . 01 .201 5 DATE OF PRONOUNCEMENT: 15 . 01 .201 5 FOR THE REVENUE : SHRI AMIT PATNI, CA FOR THE ASSESSEE : SHRI K. L. KANAK, SR. DR / ORDER PER SHRI MAHAVIR SINGH, JM : THIS APPEAL BY ASSESSEE ARE ARISING OUT OF ORDER OF CIT (A) - VII I , KOLKATA IN APPEAL NO. 472 /CIT(A) - VIII / KOL/09 - 10 DATED 2 3 . 0 2 .201 2 . ASSESSMENT WAS FRAMED BY ADDL. CIT, RANGE - 8 , KOLKATA U/S. 1 43(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) FOR ASSESSMENT YEAR 200 7 - 0 8 VIDE HIS ORDER DATED 29 . 1 2 .20 0 9 . 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGAINST THE ORDER OF CIT(A) CONFIRMING THE ACTION OF AO IN DISALLOWING LEAVE ENCASHMENT BY INVOKING THE PROVISIONS OF SECTION 43B(F) OF THE ACT. 3. AT THE OUTSET, IT IS SEEN THAT THE HON BLE SUPREME COURT IN THE CASE OF EXIDE INDUSTRIES LTD . VS. UNION OF INDIA (2007) 292 ITR 470 (SC) HAS STAYED THE JUDGMENT OF HON BLE CALCUTTA HIGH COURT AND THE ISSUE IS KEPT FOR ADJUDICATION. AS THE ISSUE IS PENDIN G BEFORE HON BLE SUPREME COURT, THE MATTER AS AGREED BY LD. COUNSEL FOR THE ASSESSEE AND THE LD. SR. DR, IS SET ASIDE TO THE FILE OF THE AO FOR FRESH ADJUDICATION AFTER THE DECISION OF HON BLE SUPREME COURT IN EXIDE INDUSTRIES LTD. CASE CITED SUPRA. 4 . IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 5 . ORDER IS PRONOUNCED IN THE OPEN COURT . S D/ - S D/ - , , ( SHAMIM YAHYA ) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 5 TH JANUARY , 201 5 2 ITA NO. 904 /K/20 1 2 BATES INDIA (P) LTD. AY 200 7 - 0 8 JD.(SR.P.S.) - COPY OF THE ORDER FORWARDED TO: 1 . / A PPELLANT BATES INDIA (P) LTD., 55B, MIRZA GHALIB STREET, KOLKATA 016 2 / RESPONDENT ACIT, RANGE - 8, KOLKATA. 3 . ( )/ THE CIT(A), KOLKATA 4. 5. / CIT KOLKATA / DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, / BY ORDER, /ASSTT. REGISTRAR .