Sunbeam Vanijya Pvt. Ltd vs Deputy Commissioner Of Income Tax
2024 Latest Caselaw 3162 Cal/2

Calcutta High Court

Sunbeam Vanijya Pvt. Ltd vs Deputy Commissioner Of Income Tax on 6 November, 2024

Author: T.S. Sivagnanam

Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya

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OD-37

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

                                ORIGINAL SIDE


                                ITAT/167/2024
                              IA NO: GA/1/2024

                  SUNBEAM VANIJYA PVT. LTD.
                              VS.
     DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1)


BEFORE :
THE HON'BLE THE CHIEF JUSTICE T.S. SIVAGNANAM
             And
THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
Date : 6th November, 2024
                                                                     Appearance :
                                                         Mr. Sourav Bagaria, Adv.
                                                              Mr. Rites Goel, Adv.
                                                                   ...for Appellant


      The Court : This appeal filed by the assessee under Section 260A of the

Income Tax Act, 1961 (the Act) is directed against the order dated 7 th February,

2024 passed by the Income Tax Appellate Tribunal, "B" Bench, Kolkata (the

Tribunal) in ITA No. 48/Kol/2023 for the assessment year 2019-20.

      The assessee has raised the following substantial questions of law for

consideration:

      (i)   Whether at the time of issuance of an order of intimation under
            Section 143(1)/143(1)(a) of the Income Tax Act, 1961 an issue which
            was debatable and covered against the revenue at the said time be
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              considered and the disallowance be made with respect of such an
              issue?
      (ii)    Whether the disallowance of the claim made under section 36(1)(va)
              of the Income Tax Act, 1961 could have been made in an intimation
              order issued under section 143(1) of the Act especially when the
              decisions of the Commissioner of Income Tax v. Alom Extrusions
              Limited (2009) 319 ITR 306 (SC) and Commissioner of Income Tax v.
              Vijay Shree Limited (2014) 43 taxmann.com 396 (Cal) held the field
              and the same were against the revenue department?
      (iii)   Whether the amendments made by the Finance Act, 2021 by
              insertion of Explanation 2 to Section 36(1)(va) and by insertion of
              Explanation 5 to Section 43B are prospective in nature and not
              applicable to assessment year 2019-20?
      (iv)    Whether on the facts and circumstances of the instant case the
              Hon'ble Income Tax Appellate Tribunal has erred in law in not
              considering the fact that the judgment of the Hon'ble Supreme Court
              in the case of Checkmate Services Pvt. Ltd. reported in 2022 (448)
              ITR 518 (SC) is applicable prospectively and not applicable to
              Assessment Year 2019-20?
      (v)     Whether the disallowance of Rs.1,08,57,982/- is erroneous, contrary
              to law and the findings and observations in the order of the
              authorities below are perverse?



      The stay application GA 1 of 2024 stands disposed of.

      Though the stay application is formally disposed of, the same shall

however be retained with the records and be treated as an informal paper book

in this appeal.

      List the appeal for hearing after six weeks along with ITAT 98 of 2024.
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            Since the respondent is not represented by their learned Advocate, the

learned Advocate for the appellant is directed to serve notice of this appeal on

the respondent.

(T.S. SIVAGNANAM, CJ.)

(HIRANMAY BHATTACHARYYA, J.)

SN./S.Das AR(CR)