Case Law Details
Deputy Commissioner of Income-tax Vs M/s. Kolkata Port Trust (ITAT Kolkata)
1. Both these appeals filed by the revenue against the separate orders of Ld. CIT(A)-10,
Kolkata dated 02.02.2016 for AYs. 2005-06 and 2011-12.
2. The only issue to be decided in both the appeals of the revenue is that whether the assessee Port Trust can be assessed in the status of “Local Authority” or in the status of “Company” in the facts and circumstances of the case.
3. At the outset itself, the Ld. AR brought to our notice that for AYs 2003-04 to 200506 in ITA No. 2628 to 2630/Kol/2013 preferred by the assessee Port Trust and in ITA Nos. 2868 to 2870/Kol/2013 for AYs 2003-04 to 2005-06 preferred by the department the same issue arose and the Tribunal was pleased to hold that the assessee Port Trust has to be assessed as a “Local Authority” and not in the status of the “Company”. On the other hand, ld. DR submitted the following :
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