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2017 (7) TMI 531 - AT - Income TaxCess on green leaf - allowable expenditure - whether directly attributable to core agriculture activities which is taxable under state agriculture income tax, beyond the purview of Central Income Tax ? - Held that:- The issue is concluded by the decision in the case of CIT vs AFT Industries Ltd. (2004 (7) TMI 81 - CALCUTTA High Court) where the amount paid as cess was held as eligible for deduction in computing the composite income under Rule 8 of I.T. Rules. This issue is, therefore, decided in favour of the assessee The fact that the SLP is pending before the Hon'ble Supreme Court against the decision of the Hon'ble Calcutta High Court in respect of AFT Industries Ltd. vs CIT (supra) will not have any effect since the Hon'ble Apex Court has neither set aside the orders of the Calcutta High Court nor granted any stay. The learned counsel for the Assessee also brought to our notice the decision of the Hon’ble Supreme Court in the case of CIT Vs. M/S.Apeejay Tea Co. Ltd. [2015 (8) TMI 1260 - SUPREME COURT] wherein the Hon’ble Supreme Court has upheld view as was taken in the case of AFT Industries Ltd. (supra). In view of the above, the appeal by the revenue is dismissed.
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