Commissioner Of Income Tax (Large Tax ... vs United Bank Of India
2023 Latest Caselaw 3273 Cal/2

Calcutta High Court

Commissioner Of Income Tax (Large Tax ... vs United Bank Of India on 1 December, 2023

Author: Rajarshi Bharadwaj

Bench: Rajarshi Bharadwaj

     ORDER                                                        OD - 23
                    IN THE HIGH COURT AT CALCUTTA
                   SPECIAL JURISDICTION (INCOME TAX)
                             ORIGINAL SIDE


                                ITA/65/2019
   COMMISSIONER OF INCOME TAX (LARGE TAX PAYER UNIT), KOLKATA
                           VERSUS
                     UNITED BANK OF INDIA


  BEFORE:
  The Hon'ble Justice SURYA PRAKASH KESARWANI
  The Hon'ble Justice RAJARSHI BHARADWAJ
  Date : 1st December 2023.
                                                                    Appearance:
                                                   Mr. Avra Mazumder, Advocate
                                              Mr. Soumitra Chowdhury, Advocate
                                                       Mr. Samrat Das, Advocate
                                                        Ms. Elina Dey, Advocate
                                                           ... for the respondent.

Case called out. None appears for the appellant. Sri Avra Mazumder,

learned counsel for the respondent assessee is present.

This appeal relates to AY 2006-07.

Learned counsel for the respondent assessee states that the question

involved in the present appeal is squarely covered by a judgment of Hon'ble

Supreme Court in Deputy Commissioner of Income Tax v. Kerala State

Electricity Board reported in (2022) 447 ITR 193 (SC) and a judgment of a

coordinate Bench of this Court reported in Principal Commissioner of Income

Tax v. Damodar Valley Corporation reported in (2022) 137 taxmann.com 338

(Calcutta). He further states that similar income tax appeal filed by the

revenue being ITA/116/2019 has been decided and dismissed by this Court on

24.11.2023 and in view thereof, the substantial question of law needs to be

answered against the revenue and the appeal deserves to be dismissed.

In view of the aforesaid, the appeal is dismissed and the substantial

question of law is answered against the revenue.

(SURYA PRAKASH KESARWANI, J.)

(RAJARSHI BHARADWAJ, J.) S. Kumar