Itta/407/2012 Of Commissioner Of Income Tax v. Sangam Tobacco Company Private Ltd

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE K.C. BHANUI.T.T.A.No.407 of 2012 Date: 02-08-2013 Between: Commissioner of Income TaxRajkamal Complex, Lakshmipuram main Road,Guntur-7. … Appellant And Sangam Tobacco Company Private Limited,2-14-5, Sthambalagaruvu,Guntur – 522 006. … Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND HON’BLE SRI JUSTICE K.C. BHANUI.T.T.A.No.407 of 2012 JUDGMENT:(Per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the judgment and order of the learned Tribunal dated 13-04-2012 inI.T.A.No.88/Vizag/2009 in relation to assessment year 2005-06. 2. We have heard Mr. B. Narasimha Sarma, learnedstanding counsel for Income Tax, and have gone through the impugned judgment and order of the learned Tribunal. 3. It appears that the learned Tribunal, while deciding thematter, has relied upon the judgment of the Calcutta High Courtbetween CIT and Virgin Creationspassedin ITAT No.302 of 2011GA 3200/2011, dated 23-11-2011, wherein it was held that theamendment brought out in Section 40(a)(ia) of the Income Tax Act,1961 is retrospective in nature, and came to the fact finding that asthe tax was remitted by the assessee before due date, the benefitunder Section 40(a)(ii) of the Act can be given. In view of the same,we do not find any reason to interfere with the judgment and order ofthe learned Tribunal. As such, no element of law is involved in thismatter for adjudication. 4. Accordingly, the appeal is dismissed. There will be noorder as to costs. Miscellaneous Petitions pending, if any, shallstand closed. _________________ K.J. SENGUPTA, CJ Date: 02-08-2013YCR _________________ K.C.BHANU, J