Warren Tea Limited v. C.I.T II, Kolkata
[Citation -2014-LL-0911-33]

Citation 2014-LL-0911-33
Appellant Name Warren Tea Limited
Respondent Name C.I.T II, Kolkata
Relevant Act Income-tax
Date of Order 11/09/2014
Judgment View Judgment
Keyword Tags deduction under section 80hhc • sale of tea

ORDER SHEET IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No. 407 of 2006 WARREN TEA LIMITED Versus C.I.T II, KOLKATA & ANR. BEFORE: Hon'ble JUSTICE SOUMITRA PAL Hon'ble JUSTICE DEBANGSU BASAK Date : 11th September, 2014. Ms. Nilanjana Pal Banerjee, Advocate Ms.A.G.Gutgutia, Adv. Ms. Maitrayee Bhattacharjee, Adv. Court : This appeal was admitted on following question: Whether on facts and in circumstances of case, section 80HHC(4B) of Act can be applied in determining profits derived from sale of tea grown and manufactured by seller computed in accordance with provisions of Rule 8 of Income Tax Rules, 1962 and in any event, whether question of application of Section 80HHC(4B) of Act to such computation of profits for purpose of allowing deduction under section 80HHC is question on which two different views are possible and, as such, is debatable question and whether Tribunal was justified in affirming order which has been passed under section 154 of Act ? It is submitted by Ms. Pal Banerjee, learned advocate for appellant that issue is covered against assessee and in favour 2 of revenue in view of judgment in CIT vs- Williamson Financial Services and Ors.: 297 ITR 17 (SC). Since issue is covered by judgment in CIT v. Williamson Financial Services (supra), question is answered in affirmative and against assessee and in favour of revenue. Hence, appeal is dismissed. (SOUMITRA PAL, J.) (DEBANGSU BASAK, J.) km AR(CR) Warren Tea Limited v. C.I.T II, Kolkata
Report Error