C. I. T. Kolkata - II v. Vinsan Trade & Commerce Pvt. Ltd
[Citation -2014-LL-1103-8]

Citation 2014-LL-1103-8
Appellant Name C. I. T. Kolkata - II
Respondent Name Vinsan Trade & Commerce Pvt. Ltd.
Relevant Act Income-tax
Date of Order 03/11/2014
Judgment View Judgment
Keyword Tags deemed income • tax credit

ITA No. 794 of 2004 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C. I. T. KOLKATA - II Versus VINSAN TRADE & COMMERCE PVT. LTD. BEFORE: Hon'ble JUSTICE SOUMITRA PAL Hon'ble JUSTICE ARINDAM SINHA Date : 3rd November, 2014. Appearance: Mr. S. N. Dutta, Adv. Mr. R. Murarka, Adv. Ms. Sutapa Roy Chowdhury, Adv. Court : appeal was admitted on 2nd May, 2005 on following question: Whether Income Tax appellate Tribunal was justified in holding that interest under section 234B or 234C can be charged only after giving credit to tax paid on deemed income under section 115 JA of Income Tax Act, 1961 although Tax Credit under MAT dues does not fall under chapter XVII of Income Tax Act, 1961 and therefore it cannot be treated to be pre paid tax like T. D. S Advance Tax? Mr. Murarka relying on judgment of Hon ble Supreme Court in C.I.T vs. Tulsyan Nec Limited; [2011] 330 ITR 226 (SC) which has been followed by said Court in C.I.T vs. Sage Metals Ltd.; [2013] 354 ITR 675 (SC), 2 submits that issue arising out of question formulated is covered by former judgment in favour of assessee. Heard Mr. S. N. Dutta, learned advocate for appellant and Mr. Murarka, learned advocate for respondent. Since we find that issue stands covered by judgment in C.I.T vs. Tulsyan Nec Limited (Supra), question raised is not substantial question of law. order of Tribunal is confirmed. appeal is dismissed. Urgent certified copy of this order, if applied for, be supplied to parties subject to compliance with all requisite formalities. (SOUMITRA PAL, J.) (ARINDAM SINHA, J.) cs. C. I. T. Kolkata - II v. Vinsan Trade & Commerce Pvt. Ltd
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