CIT Vs. EIH LTD.

JUDGEMENT

(1.) THE Court: The subject matter of challenge in this appeal is a judgment and order dated 25th July, 2013 by which the learned Income Tax Appellate Tribunal affirmed the judgment of the CIT (appeals) by which the order under section 154 of the Income Tax Act passed by the assessing officer on 23rd June, 2010 was set aside.

(2.) THE original assessment order was made on 29th December 2009. It is a cryptic order by which the assessment was completed under section 115WE(3) of the Income Tax Act, 1961. The assessing officer rectified the order dated 29th December 2009 on the ground that fringe benefits tax at the rate of 20 per cent of the total sum of Rs. 4,73,34,847/ - amounting to a sum of Rs. 94,66,969/ - had not been taken into account. Challenging the aforesaid order, the assessee preferred an appeal. The case of the assessee is that it "is engaged in the business of carriage of passengers by aircraft which the AO has failed to consider". If the aforesaid contention of the assessee is correct then the case of the assessee shall be covered by Clause (f) of subsection (2) of section 115WC which provides as follows; -

(3.) FOR the aforesaid reasons the appeal preferred by Revenue does not involve any substantial question of law. The appeal is accordingly dismissed.