Principal Commissioner Of Income Tax ... vs M/S. Orissa Metaliks Pvt. Ltd
2024 Latest Caselaw 2263 Cal/2

Calcutta High Court

Principal Commissioner Of Income Tax ... vs M/S. Orissa Metaliks Pvt. Ltd on 3 July, 2024

 ORDER                                                                O - 143
                    IN THE HIGH COURT AT CALCUTTA
                   SPECIAL JURISDICTION (INCOME TAX)
                             ORIGINAL SIDE

                           ITA/51/2022
     PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 1 KOLKATA
                                VS
                  M/S. ORISSA METALIKS PVT. LTD.


BEFORE :
THE HON'BLE JUSTICE SURYA PRAKASH KESARWANI
             AND
THE HON'BLE JUSTICE AJAY KUMAR GUPTA
Date : 3rd July 2024.
                                                                    Appearance:
                                                  Mr. Vipul Kundalia, Advocate
                                                   Mr. Amit Sharma, Advocate
                                                              ... for appellant.
                                              Mr. Agnibesh Sengupta, Advocate
                                                     Ms. Pritha Basu, Advocate
                                                   Mr. Saptarshi Kar, Advocate
                                                              ... for respondent.

1. Heard Sri Vipul Kundalia, learned senior standing counsel for the

appellant and Sri Agnibesh Sengupta, learned counsel for the

respondent.

2. Both the learned counsel for the parties jointly state that the questions

involved in the present appeal are squarely covered by the judgment of

Hon'ble Supreme Court in the case of Principal Commissioner of Income

Tax, Central-3 v. Abhisar Buildwell (P) Limited [2003] 149 taxmann.com

399 (SC) and in view thereof the present appeal deserves to be

dismissed and the substantial questions of law deserve to be answered

in favour of the assessee and against the Revenue.

3. In view of the statements jointly made by learned counsel for the

parties, the appeal is dismissed. The substantial questions of law as

framed in the order dated 11.07.2022 are answered in favour of the

assessee and against the respondent.

(SURYA PRAKASH KESARWANI, J.)

(AJAY KUMAR GUPTA, J.) S. Kumar