Pr. CIT v. Garden Reach Ship Builders & Engineers Ltd.

Case Laws Analysis
REFERRED Pr. CIT v. Ramesh Prasad Sao 2023 TaxPub(DT) 6319 (Cal-HC)
REFERRED Pr. CIT v. Steel Authority of India Ltd. 2023 TaxPub(DT) 479 (Del-HC)

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The Tax Publishers2024 TaxPub(DT) 1986 (Cal-HC) IN THE CALCUTTA HIGH COURT T.S. SIVAGNANAM & HIRANMAY BHATTACHARYYA Pr. CIT v. Garden Reach Ship Builders & Engineers Ltd. ITAT/30/2024, IA No. GA/1/2024, GA/2/2024 10 April, 2024 Appellant by: Vipul Kundalia, Adv., Amit Sharma, Adv., Anurag Roy, Adv. Respondent by: Swapna Das, Adv., Siddhartha Das, Adv. ORDER *The Court* This appeal filed by the revenue under section 260A of the Income Tax Act, 1961 (the Act) challenging the order dated 20-11-2020 passed by the Income Tax Appellate Tribunal C Bench, Kolkata (the Tribunal) in ITAT No. 1099/Kol/2018 for the assessment year 2013-14. The revenue has raised the following substantial questions of law for consideration :- (i) Whether the Learned Tribunal has substantially erred in law in setting aside the order passed under section 263 of the Income Tax Act, 1961 without appreciating the facts of the case and considering that the assessment order is erroneous in so far as it is prejudicial to the interest of the revenue as the assessment order was passed without making any enquiry in respect of Corporate Social Responsibility expenditure to the tune of Rs. 3,00,54,276 during the assessment year under consideration ? SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 1986 (Cal-HC)

IN THE CALCUTTA HIGH COURT

T.S. SIVAGNANAM & HIRANMAY BHATTACHARYYA

Pr. CIT v. Garden Reach Ship Builders & Engineers Ltd.

ITAT/30/2024, IA No. GA/1/2024, GA/2/2024

10 April, 2024

Appellant by: Vipul Kundalia, Adv., Amit Sharma, Adv., Anurag Roy, Adv.

Respondent by: Swapna Das, Adv., Siddhartha Das, Adv.

ORDER

The Court

This appeal filed by the revenue under section 260A of the Income Tax Act, 1961 (the Act) challenging the order dated 20-11-2020 passed by the Income Tax Appellate Tribunal C Bench, Kolkata (the Tribunal) in ITAT No. 1099/Kol/2018 for the assessment year 2013-14. The revenue has raised the following substantial questions of law for consideration :-

(i) Whether the Learned Tribunal has substantially erred in law in setting aside the order passed under section 263 of the Income Tax Act, 1961 without appreciating the facts of the case and considering that the assessment order is erroneous in so far as it is prejudicial to the interest of the revenue as the assessment order was passed without making any enquiry in respect of Corporate Social Responsibility expenditure to the tune of Rs. 3,00,54,276 during the assessment year under consideration ?