PILCOM Vs. C.I.T. WEST BENGAL

JUDGEMENT

(1.) This appeal by special leave challenges the Judgment and Order dated 11.11.2010 passed by the High Court[1] dismissing Income Tax Appeal No. 196 of 2000 and thereby affirming the view taken by the Tribunal[2] in I.T.A. Nos. 110/Cal/1999 and 402/Cal/1999 on 04.01.2000.

(2.) The facts leading to the filing of the proceedings before the Tribunal were set out in the Order dated 04.01.2000 as under:-

(3.) The PILCOM appealed against the said order passed by the ITO and the CIT(A) disposed of the appeal by his order dated 17.11.1997. In further appeal preferred by PILCOM before the ITAT, the ITAT by its order dated 25.6.1990 in ITA No. 62/Cal/1998, set aside the order passed by the CIT(A) and restored the matter back to his file for redeciding the issue after affording opportunity of being herd to PILCOM. Accordingly, the appeal was re-heard by the CIT(A), in which both the sides were allowed an opportunity to represent their respective cases and the CIT(A) finally passed his appellate order on 28.12.1998, which is being challenged before us by both sides.