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2017 (7) TMI 531 - ITAT KOLKATA

2017 (7) TMI 531 - ITAT KOLKATA - TMI - Cess 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. Rul .....

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IT 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. - I.T.A No. 451/Kol/2014 - Dated:- 3-2-2017 - Sri N. V. Vasudevan, JM And Shri Waseem Ahmed, AM For the Appellant : Shri Sallong Yaden, Addl. CIT, Sr.DR For the Respondent : Shri P.K.Sanghai, FCA ORDER Per N.V.Vasudevan, JM This is an appeal by the Revenue agains .....

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e of AFT Industries. 3. The Assessee is a company engaged in the business of growing and manufacturing of Tea. Income from growing, manufacturing and sale of tea would be Composite income, which means it comprises agricultural income to the extent of growing tea, which is not chargeable to tax and non-agricultural income to the extent it comprises of income from manufacture and sale of tea, which income is chargeable to tax. Rule 8 of the Income Tax Rules, 1962 provides method of computation for .....

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ome from manufacture and sale of tea. The plea of the Assessee was that the entire green leaf cess had to be allowed as deduction first and only on the loss or profit arrived at after such deduction Rule 8(1) of the Rules have to be applied and 40% of such sum has to be considered as income or loss from the business of manufacture and sale of tea. 4. On appeal by the Assessee, the CIT(A) deleted the disallowance made by the AO by following the order of the Hon'ble Calcutta High Court in the .....

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