C.I.T. , Kolkata - I v. Bata India Ltd
[Citation -2014-LL-1103-9]

Citation 2014-LL-1103-9
Appellant Name C.I.T. , Kolkata - I
Respondent Name Bata India Ltd.
Court HIGH COURT OF CALCUTTA
Relevant Act Income-tax
Date of Order 03/11/2014
Assessment Year 1999-00
Judgment View Judgment
Keyword Tags minimum alternate tax


ITA No. 374 of 2005 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C. I. T. KOLKATA I Versus BATA INDIA LTD. BEFORE: Hon'ble JUSTICE SOUMITRA PAL And Hon'ble JUSTICE ARINDAM SINHA Date : 3rd November, 2014. Appearance: Md. Nizamuddin, Adv. Mr. J.P. Khaitan, Sr. Adv. Mrs. S. Bose, Adv. Mr. S. Das, Adv. Mr. C.S. Das, Adv. Court : This appeal under Section 260A of Income Tax Act, 1961 has been preferred against order dated 12th April, 2005 passed by Income Tax Appellate Tribunal Bench, Kolkata in ITA No. 2072 (Kol) of 2004 relating to assessment year 1999-2000 on following questions :- (i) Whether on facts and in circumstances of case Tribunal was justified in law in dismissing appeal of revenue by holding that assessee is entitled to get adjustment of Minimum Alternative Tax (MAT) Credit available under section 115JAA of Income Tax Act, 1961 first before charging of interest under section 234B & 234C of Income Tax Act, 1961 ? (ii) Whether on facts and in circumstances of case Tribunal has correctly interpreted provisions of section 115JAA, 234B & 2 234C of Income Tax Act, 1961, while granting aforesaid relief to assessee? Mr. J.P. Khaitan, learned Sr. Advocate, appearing for respondent 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), submits that issues arising out of questions formulated are covered by former judgment in favour of assessee. Heard Md. Nizamuddin, learned advocate for appellant and Mr. J.P. Khaitan, learned Sr. Advocate for respondent. Since we find that issues stand covered by judgment in C.I.T vs. Tulsyan Nec Limited (Supra), questions raised are not substantial questions 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.) sg. C.I.T. , Kolkata - I v. Bata India Ltd
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