Commissioner of Income-tax, Kolkata - III v. Worldwide Safety (P) Ltd
[Citation -2015-LL-0408-21]

Citation 2015-LL-0408-21
Appellant Name Commissioner of Income-tax, Kolkata - III
Respondent Name Worldwide Safety (P) Ltd.
Court HIGH COURT OF CALCUTTA
Relevant Act Income-tax
Date of Order 08/04/2015
Assessment Year 2003-04, 2004-05
Judgment View Judgment
Keyword Tags export turnover


ORDER SHEET ITA NO.155 OF 2007 IN HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX,KOLKATA-III Versus WORLDWIDE SAFETY PVT LTD. BEFORE: Hon'ble JUSTICE GIRISH CHANDRA GUPTA Hon'ble JUSTICE ARINDAM SINHA Date : 8th April, 2015. MR.P.DUDHERIA,ADVOCATE FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MR.FARHAN GAFFAR,ADVOCATE FOR RESPONDENT Court : questions formulated at time of admission of appeal against judgment of learned Tribunal pertaining to assessment year 2003-2004 and 2004-2005 read as follows; i) Whether in facts and circumstances of case Income Tax Appellate Tribunal is justified in allowing assessee s claimed deduction under Section 10B of IT Act on entire export turnover of Rs.9,79,17,816/- when accounts and notes to accounts revealed that export sales to extent of Rs.2,17,48,071/- was in respect of trading goods which were purchased at cost of Rs.1,10,44,636/- ? ii) Whether in facts and circumstances of case Income Tax Appellate Tribunal failed to consider that deduction under Section 10B(2) (i) is available only in case 2 of manufacturing and reduction of articles and things and computer softwares and not against trading goods ? Mr.Khaitan, learned senior advocate, appearing for assessee has pointed out that these questions do not really arise because finding of C.I.T. under section 263 on aforesaid aspects of matter and remitting matter to assessing officer for fresh enquiry was not challenged by assesse. Therefore, learned Tribunal had no occasion to express any opinion with regard to any of these points. These points really are alien to judgment of learned Tribunal. Mr.Dudheria has not disputed submission that enquiry directed by C.I.T. under section 263 was accepted by assesse. questions formulated do not really arise in appeal. There is as such no reason why we should give any answer thereto. appeal is infructuous and is dismissed. (GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) sb. Commissioner of Income-tax, Kolkata - III v. Worldwide Safety (P) Ltd
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