Commissioner of Income-tax , Kol -I, Kol v. M/s. Crish Park Vincom Ltd
[Citation -2015-LL-0106-21]

Citation 2015-LL-0106-21
Appellant Name Commissioner of Income-tax , Kol -I, Kol
Respondent Name M/s. Crish Park Vincom Ltd
Court HIGH COURT OF CALCUTTA
Relevant Act Income-tax
Date of Order 06/01/2015
Judgment View Judgment
Bot Summary: The Court : The Assessing Officer was not satisfied with the explanation offered by the assessee that proper disclosures were made with regard to the expenditure incurred for earning income exempt under Section 14A of the Income Tax Act, 1961. He applied Rule 8D, though the aforesaid rule at the material time had not become operative. In an appeal preferred by the assessee the Appellate Authority set aside the order of the Assessing Officer holding that the assessee had furnished proper explanation as regard the expenditure incurred for earning exempt income. The Revenue preferred an appeal which was dismissed. 2 Whether or not the expenditure incurred for the purpose of earning the exempt income has been properly explained is essentially a question of fact. Both the Appellate Authority and the learned Tribunal were of the opinion that the expenditure was properly established. There is thus no reason why the appeal should be admitted.


ORDER SHEET GA No.3728 of 2014 With ITAT No.185 of 2014 IN HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE C.I.T., KOLKATA-I, KOLKATA Versus M/S. CRISH PARK VINCOM LTD. BEFORE: Hon'ble JUSTICE GIRISH CHANDRA GUPTA Hon'ble JUSTICE ARINDAM SINHA Date : 6th January, 2015. Appearance: Ms. Soma Chatterje, Adv. for applicant. Court : Assessing Officer was not satisfied with explanation offered by assessee that proper disclosures were made with regard to expenditure incurred for earning income exempt under Section 14A of Income Tax Act, 1961. He, therefore, applied Rule 8D, though aforesaid rule at material time had not become operative. In appeal preferred by assessee Appellate Authority set aside order of Assessing Officer holding that assessee had furnished proper explanation as regard expenditure incurred for earning exempt income. Revenue preferred appeal which was dismissed. Revenue has come up with appeal before us. 2 Whether or not expenditure incurred for purpose of earning exempt income has been properly explained is essentially question of fact. Both Appellate Authority and learned Tribunal were of opinion that expenditure was properly established. There is as such no scope for any interference with concurrent finding of fact recorded by learned Tribunal and Appellate Authority. There is thus no reason why appeal should be admitted. appeal, therefore, is dismissed. (GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) cs. Commissioner of Income-tax , Kol -I, Kol v. M/s. Crish Park Vincom Ltd
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