C.I.T.Wb-II Cal. v. Williamson Magor Co.Ltd
[Citation -2014-LL-0807-72]

Citation 2014-LL-0807-72
Appellant Name C.I.T.Wb-II Cal.
Respondent Name Williamson Magor Co.Ltd.
Relevant Act Income-tax
Date of Order 07/08/2014
Assessment Year 1991-92
Judgment View Judgment
Keyword Tags admissibility of deduction

ITA No.102 of 1999 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.WB-II CAL. -Versus- WILLIAMSON MAGOR CO.LTD. Appearance: Md. Nizamuddin, Adv. ...for appellant. Mr. Sourav Bagaria, Adv. ...for respondent. BEFORE: Hon'ble JUSTICE SOUMITRA PAL Hon'ble JUSTICE ARINDAM SINHA Date : 7th August, 2014. Court : In this appeal under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal D Bench, Kolkata in ITA No.364/Cal/1995 relating to assessment year 1991-92 was admitted on following questions: 1) Whether on facts and circumstances of case ITAT was justified in law in holding that assessee s claim of deduction under Section 80HHC of Income Tax Act, 1961 is to be allowed before net income segregation and after gross income for computation of total profit from tea business against 40% of tea business income ? 2) Whether order of ITAT is sustainable in view of amendment of Section 80HHC of Income Tax Act, 1961 2 by way of insertion of Section of 80HHC of Income Tax Act ? Heard Mr. Nizamuddin, learned Advocate for appellant/revenue and Mr. Sourav Bagaria, learned Advocate for respondent/assessee. parties submit and we find that issues arising out of questions raised have been set at rest by Apex Court in case of CIT vs. Williamson Financial Services & Ors. reported in 297 ITR 17 (SC). Supreme Court held as follows: For aforesaid reasons, we hold that Section 80HHC deduction of 1961 Act is required to be allowed after apportionment of income under rule 8(1) of 1962 Rules. Therefore, directions issued by learned Tribunal to Assessing Officer are set aside. questions are answered accordingly. appeal is, to that extent, allowed. Urgent certified copies of this order, if applied for, be urgently given to appearing parties on priority basis. (SOUMITRA PAL, J.) (ARINDAM SINHA, J.) A/s. C.I.T.Wb-II Cal. v. Williamson Magor Co.Ltd
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