Itat/78/2024 Ia No: Ga/2/2024 Commissioner Of Income Tax (Exemptions), Kolkata v. M/S. Sasha Association For Craft Producers, Kolkata

OD-24 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITAT/78/2024IA NO: GA/2/2024COMMISSIONER OF INCOME TAX (EXEMPTIONS), KOLKATAVS. M/S. SASHA ASSOCIATION FOR CRAFT PRODUCERS, KOLKATA BEFORE : THE HON’BLE THE CHIEF JUSTICE T.S. SIVAGNANAMAndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 3[rd] May, 2024 Ms. Smita Das De, Adv.… for appellantMr. S.M. Surana, Sr. Adv.Mr. Bhaskar Sengupta, Adv.… for respondent The Court : This appeal filed by the revenue under Section 260A of theIncome Tax Act, 1961 (the Act) is directed against the order dated 16[th] August,2023 passed by the Income Tax Appellate Tribunal, `A’ Bench, Kolkata (Tribunal)in ITA No. 181/Kol/2021 for the assessment year 2016-17. The revenue has raised the following substantial questions of law forconsideration : “Whether on the facts and in the circumstances of the case the Tribunalwas justified in law to quash the order passed u/s. 263 of the Income TaxAct, 1961 with the observation that exercising jurisdiction u/s 263 of theAct by the CIT(E) is wrong despite the facts that the order u/s 143(3) was passed allowing the claim of exemption u/s 11(2) without enquiring intothe claim ?” We have heard Ms. Smita Das De, learned standing Counsel appearing forthe appellant and Mr. S.M. Surana, learned senior Counsel for the respondent. Learned Tribunal on consideration of the factual basis found that theAssessing Officer was furnished with all the facts and after considering theevidence produced called for from the assessee the return of the income, theaudit report in Form 10B, Form 10 etc. and after examination of all the detailsand documents allowed the claim of deduction under Section 11(2) of the Act.Therefore, the learned Tribunal on facts came to the conclusion that it is not acase of no enquiry conducted by the Assessing Officer and the exercise ofjurisdiction by the CIT(E) under Section 263 of the Act cannot be sustained. We find no questions of law, much less substantial question of law, arisingfor consideration in this appeal. The appeal is thus dismissed. Consequently, the stay application IA No: GA/2/2024 is also dismissed. (T.S. SIVAGNANAM, C.J.) (HIRANMAY BHATTACHARYYA, J.)