High CourtsDivision Bench(2019) 09 CAL CK 0118

Principal Commissioner Of Income Tax Central-1, Kolkata vs Hindustan Engineering And Industries Limited

Calcutta High Court · Decided on 12 September 2019

HON’BLE JUDGES
I. P. Mukerji, J · Md. Nizamuddin, J
RESULT
Disposed Of
CASE NUMBER
Income Tax Appeal (ITA) No. 122 Of 2019, General Application (GA) No. 1071 Of 2019

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Judgment

8 paragraphs · 236 words

The Court: This intended appeal under Section 260A of the Income Tax Act, 1961 is admitted on the following substantial questions of law:-

1.

Whether on the facts and in the circumstances of the case, the tribunal made an error in the application of Section 153A of the Income Tax Act, 1961?

2.

Whether on the facts and in the circumstances of the case, the tribunal interpreted and applied Section 72A(1) and 72A(2) of the said Act and in respect of accumulated, lapsed, losses and unabsorbed depreciation of the transferor/amalgamating company?

3.

Whether on the facts and in the circumstances of the case, the tribunal erred in treating the assessment year 2013-2014 as unabated when the notice under Section 143(2) of the said Act was issued and duly served on the assessee within time on 24th September, 2014 ?

4.

Whether on the facts and in the circumstances of the case, the scrutiny case under Section 143(3) was pending on the date of search ? As the respondent is represented by learned Counsel, issuance and service of notice of appeal are dispensed with.

Let informal paper books be filed by the appellant's advocate-on-record by 15th November, 2019, serving a copy thereof on the advocate-on-record for the respondent at least seven days before the date of hearing of this appeal.

List this appeal on 27th November, 2019.

The stay application (GA 1071 of 2019) is disposed of.