Principal Commissioner Of Income ... vs M/S. Spml Infra Ltd
2022 Latest Caselaw 2507 Cal/2

OD - 2

                          IN THE HIGH COURT AT CALCUTTA
                        SPECIAL JURISDICTION (INCOME TAX)
                                  ORIGINAL SIDE


                                     ITA/64/2022
            PRINCIPAL COMMISSIONER OF INCOME TAX 1, KOLKATA
                                        VS.
                                M/S. SPML INFRA LTD.

BEFORE :
THE HON'BLE JUSTICE T.S. SIVAGNANAM
            And
THE HON'BLE JUSTICE SUPRATIM BHATTACHARYA
Date : SEPTEMBER 19, 2022.

                                                                                   Appearance:
                                                                           Mr. Tilak Mitra, Adv.
                                                               Mr. Soumen Bhattacharjee, Adv.
                                                                                ... for appellant
                                                                     Mr. J.P. Khaitan, Sr., Adv.
                                                                    Mr. Saumya Kejriwal, Adv.
                                                                           Mr. G.S. Gupta, Adv.
                                                                               ...for respondent

The Court :- This matter has been listed under the caption "To Be Mentioned". It

is submitted by the learned Counsel for the parties that when this Court admitted this

appeal on 5th September, 2022 the Court had admitted substantial question of law No. d

as raised in Memorandum of Appeal by the revenue. However, the same does not form

part of the order dated 5.9.2022.

Accordingly, the substantial question of law No. d is admitted which is as follows:-

"Whether the Learned Tribunal has committed substantial error in law in allowing

the deduction under Section 80-IA of the Act whereas the assessee company is

simply a contractor who merely executed work contract on the basis of quoted

tender funded by the Government/Semi-Government organization and

accordingly not entitled to the deduction under Section 80-IA of the Act within the

scope of Explanation below sub Section 13 to 80-IA of the Act ?"

It is further pointed out that substantial question of law No. 2 was not admitted,

however, inadvertently it has been shown to have been admitted. The said defect is

rectified and substantial question of law is not admitted. Accordingly, this appeal is

admitted on the following substantial questions of law :-

(1) Whether the Learned Tribunal committed substantial error in law in deleting

the disallowance of Rs.5,42,00,000/- reported as accommodation entry

claimed as bogus expenditure on observation that the assessee was not given

opportunity to counter the statement and cross-examination of the person

whereas, Hon'ble Income Tax Appellate Tribunal could have set-aside the case

for fresh examination in view of the judgment of Hon'ble Supreme Court in the

case of M. Pirai Choodi Vs. ITO [2012] 20 TAXMANN.COM 733 (SC)?

(2) Whether the Learned Tribunal has committed substantial error in law by

allowing the payment for employees' contribution to PF/ESI which were paid

after the respective due dates as prescribed in the Act whereas Section

36(1)(va) of the Act clearly states that the payment will be allowed on payment

on or before the due date ?

(3) Whether the Learned Tribunal has committed substantial error in law by facts

and circumstances of the case and in law, the Hon'ble Income Tax Appellate

Tribunal erred in laws observe that provision under Section 14A cannot be

made for the purpose of computing Book Profit under Section 115JB of the

Act?

(4) Whether the Learned Tribunal has committed substantial error in law in

allowing the deduction under Section 80-IA of the Act whereas the assessee

company is simply a contractor who merely executed work contract on the

basis of quoted tender funded by the Government/Semi-Government

organization and accordingly not entitled to the deduction under Section 80-IA

of the Act within the scope of Explanation below sub Section 13 to 80-IA of the

Act ?"

The name of Mr. Soumen Bhattacharjee, learned standing Counsel shall be

reflected as appearing for the appellant along with Mr. Tilak Mitra.

(T.S. SIVAGNANAM, J.)

(SUPRATIM BHATTACHARYA, J.) Pkd/GH