Principal Commissioner Of Income Tax – 3, Kol v. Oberoi Hotels Private Ltd

OD-1 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/129/2018 PRINCIPAL COMMISSIONER OF INCOME TAX – 3, KOLVS.OBEROI HOTELS PRIVATE LTD. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE BIVAS PATTANAYAK[[th]] Date : 4[[th]] July, 2022. Appearance:Mr. Soumen Bhattacharjee, Adv.…for appellantMs. Akshara Shukla, Adv.…for respondent The Court : This appeal by the revenue filed underSection 260A of the Income Tax Act, 1961 (the Act for brevity) isdirected against the order dated 20[th] November, 2015 passed by the IncomeTax Appellate Tribunal “C” Bench Kolkata (Tribunal) in ITA/192/Kol/2013for the assessment year 2009-2010. The Revenue has suggested the following substantial questions of law for consideration :- 1)Whether on the facts and in the circumstances of thecase the Ld. Tribunal has erred in law in holding thatno disallowances can be made under Section 14A of theIncome Tax Act read with Rule 8D of the I.T. Rules1962 in case of the assessee relating to assessmentsyear 2009-10 ? 2)Whether on the facts and in the circumstances of thecase the Ld. Tribunal has erred in law in deleting theaddition made by the assessing officer regarding pro-rata expenditure for earning management fees ?case the Ld. Tribunal has erred in law in deleting theaddition made by the assessing officer regarding pro-rata expenditure for earning management fees ? 3)Whether on the facts and in the circumstances of thecase the Ld. Tribunal has erred in law in dismissingthe appeal of the revenue regarding the Annual LettingValue (ALV) of the house property in question byrejecting expected rent and accepting the actual rentreceipt claimed by the assessee company for theassessment year 2009-10?case the Ld. Tribunal has erred in law in dismissingthe appeal of the revenue regarding the Annual LettingValue (ALV) of the house property in question byrejecting expected rent and accepting the actual rentreceipt claimed by the assessee company for theassessment year 2009-10? We have heard Mr. Soumen Bhattacharjee, learned standingCounsel for the appellant/revenue and Ms. Akshara Shukla, learnedAdvocate appearing for the respondent/assessee. The learned StandingCounsel has written instruction from the department vide letter dated7.6.2022 stating that tax effect involved in this appeal is less thanthe threshold limit fixed by the CBDT vide Circular dated 8[th] August,2019 and, therefore, instruction has been given to withdraw this appeal.Said instruction is placed on record. Accordingly appeal stands dismissed as withdrawn. Substantial questions of law, as suggested are left open. (T.S. SIVAGNANAM, J.) (BIVAS PATTANAYAK, J.)Pkd/GH.