Commissioner Of Income Tax vs M/S. Uco Bank
2024 Latest Caselaw 2233 Cal/2

Calcutta High Court

Commissioner Of Income Tax vs M/S. Uco Bank on 1 July, 2024

O 71

                           IN THE HIGH COURT AT CALCUTTA
                         SPECIAL JURISDICTION [INCOME TAX]
                                    ORIGINAL SIDE

                         ITA/11/2021
   COMMISSIONER OF INCOME TAX , (LARGE TAXPAYER UNIT) KOLKATA
                              VS
                        M/S. UCO BANK

BEFORE :
HON'BLE JUSTICE SURYA PRAKASH KESARWANI
          -A N D-
HON'BLE JUSTICE AJAY KUMAR GUPTA
DATE : 1st July, 2024.
                                                                         Appearance :
                                                             Mr. Vipul Kundalia, Adv.
                                                                       ...for appellant
                                                                    Mr. A.K.Dey, Adv.
                                                                     ...for respondent



       1. Heard Mr. Vipul Kundalia, learned Counsel for the appellant and Mr.

         A.K. Dey, learned Counsel for the respondent.

       2. This appeal relates to assessment year 2000-2001 which has been

         admitted by this Court by an order dated 14.01.2021, on the following

         substantial question of law:-

         (i) Whether a nationalised banking company would be subject to the

             requirements of Section 115JA of the Income Tax Act, 1961?

       3. Though the learned Counsel for the parties jointly state that the

         controversy involved in the present appeal is jointly covered by a

         judgment of this Court dated 3rd December, 2021 in ITA/12/2021

         (Principal Commissioner of Income Tax-vs-Damodar Valley Corporation).
                                       2




      4. In view of the aforesaid judgment, this appeal deserves to be

        dismissed and substantial question of law deserves to be answered in

        favour of the assessee and against the revenue.

      5. In view of the submissions made by learned Counsel for the parties,

        the appeal is dismissed and the substantial question of law is

        answered in favour of the assessee and against the revenue.




                                      .

(SURYA PRAKASH KESARWANI, J.)

(AJAY KUMAR GUPTA, J.)

GH.