Principal Commissioner Of Income Tax vs G. P. Tronics Pvt. Ltd
2025 Latest Caselaw 107 Cal/2

Calcutta High Court

Principal Commissioner Of Income Tax vs G. P. Tronics Pvt. Ltd on 6 May, 2025

Author: T.S. Sivagnanam

Bench: T.S. Sivagnanam

                                                                           O-23

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

                              ITAT/245/2024
                                GA/2/2024
            PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA
                                   VS.
                         G. P. TRONICS PVT. LTD.


BEFORE :
THE HON'BLE THE CHIEF JUSTICE T.S. SIVAGNANAM
     AND
THE HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS)
DATE: 6TH MAY, 2025
                                                                      Appearance:
                                                              Mr. Tilak Mitra Adv.
                                                           Mr. Amit Sharma, Adv.
                                                                   ...for Appellant

                                                            Mr. Ananda Sen, Adv.
                                                                 ...for respondent

The Court : We have heard Mr. Tilak Mitra, learned senior standing

counsel appearing for the appellant/revenue and Mr. Ananda Sen, learned

counsel appearing for the respondent/assessee.

The learned Tribunal has referred to a decision in the case of Tata

Medical Centre Trust vs. CIT, reported in [2022] 140 taxmann.com 431 (Kol.-

Trib.) and allowed the assessee's appeal. Revenue had preferred appeal against

the said order before this Court in Principal Commissioner of Income-tax,

Exemption vs. Tata Medical Centre Trust and the appeal was dismissed as

reported in (2023) 154 taxmann.com 600 (Calcutta). As against the said order,

revenue has preferred appeal before the Hon'ble Supreme Court in Special

Leave Petition (Civil) Diary No(s). 27852/2024 and the Hon'ble Supreme Court

by order dated 23.7.2024 issued notice to the respondent therein and granted

an order of interim stay of the order passed by this Court as well as the order

of the Tribunal.

Therefore, this Court deems it appropriate to await the decision of the

Hon'ble Supreme Court though the learned counsel appearing for the

respondent submitted that the binding nature of the judgment in the case of

Tata Medical Centre Trust does not stand in the way on account of grant of

stay. We do not wish to express anything on this submission and the appeal

shall await the decision of the Hon'ble Supreme Court.

Let the appeal go out of the list with liberty to the learned Advocates to

mention for including in the list after the decision of the Hon'ble Supreme

Court.

(T.S. SIVAGNANAM, CJ.)

(CHAITALI CHATTERJEE (DAS), J.)

sm/SN.