Case Law Details
CIT Vs Gopal Sharma (Calcutta High Court)
The case of Commissioner of Income Tax (CIT) vs. Gopal Sharma, heard at the Calcutta High Court, revolves around an appeal filed by the revenue under Section 260A of the Income Tax Act, 1961. The dispute pertains to the order dated December 12, 2014, passed by the Income Tax Appellate Tribunal (ITAT) “B” Bench, Kolkata, in ITA No. 416/Kol/2014 for the assessment year 2009-2010. This article provides a detailed analysis of the case, addressing the substantial questions of law raised, arguments presented by both parties, and the court’s final decision.
Background and Substantial Questions of Law: The revenue appealed the ITAT’s order on three substantial questions of law:
(a) Whether the ITAT erred in quashing the order under Section 263 of the Income Tax Act passed by the CIT?
(b) Whether the ITAT erred in holding that the CIT could not establish the order under Section 143(3) as erroneous and prejudicial to the revenue’s interest?
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
