ORDER SHEET ITA 13 OF 2009 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX,CENTRAL-II, KOLKATA Versus APEEJAY TEA LTD BEFORE: Hon'ble JUSTICE GIRISH CHANDRA GUPTA Hon'ble JUSTICE ARINDAM SINHA Date : 9th April, 2015. For appellant : Mr.P.K.Bhowmik,Advocate Court : When appeal was admitted pertaining to assessment year 2003-2004, following question was formulated : Whether on facts and circumstances of case, learned Tribunal was justified in law in holding that order of Commissioner of Income Tax (Appeals) in giving direction to Assessing Officer as assessment dated 28.02.2006 had merged with order of Commissioner of Income Tax (Appeals) dated 30.11.2006 read with order of Tribunal dated 20.07.2007, so Assessing Officer should have taken revised composite business loss of Rs.3,55,19,910/- while making 2 addition of Rs.60,00,000/- before applying Rule-8 of Income Tax Rule, 1962 ? We have heard Mr.Bhowmik. No one appeared for respondent/assessee. benefit of appellate order could not have been ignored by assessing officer while passing order under section 143(3)/147. Therefore, Tribunal has rightly held in favour of assessee that benefit should have been given to assessee. Therefore, question formulated, at time of admission of appeal, is answered in affirmative and against revenue. appeal is, thus, disposed of. (GIRISH CHANDRA GUPTA, J.) (ARINDAM SINHA, J.) ssaha AR(CR) Commissioner of Income-tax, Central-II, Kolkata v. Apeejay Tea Ltd