ORDER SHEET ITA 374 OF 2004 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C. I. T., KOLKATA - I Versus EXIDE INDUSTRIES LTD. BEFORE: Hon'ble JUSTICE SOUMITRA PAL Hon'ble JUSTICE DEBANGSU BASAK Date : 16th September, 2014. For appellant : Mr.S.N.Dutta,Advocate For respondent: Mr.A.Majumder,Advcate Mrs.Nilanjana Banerjee,Advocate Court : appeal was admitted on following substantial question of law : Whether on facts and in circumstances of case, Tribunal was right in holding that expenditure incurred by Assessee for VRS in accounting year relevant to assessment year 2000-01 aggregating Rs.5,58,95,051/- is revenue expenditure allowable under section 37(1) of Income Tax Act, 1961 ? It is submitted by Mr.S.N.Dutta, learned advocate for appellant and Mr.Majumder, learned advocate for respondent that issue is covered by judgement of this Court in Bhartia Industries Ltd. v. Commissioner of Income-tax : (2013) 353 ITR 0486 in favour of assessee. 2 Since we find that issue stands covered by judgement in Bhartia Industries Ltd (supra), question is answered in affirmative, in favour of assessee and against revenue. appeal is dismissed. No order as to costs. Urgent certified copy of this order, if applied for, be furnished to parties on priority basis. (SOUMITRA PAL, J.) (DEBANGSU BASAK, J.) ssaha AR(CR) C. I. T., Kolkata - I v. Exide Industries Ltd