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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Principal Commissioner Of Income Tax – Appellant
Versus
Greenply Industries Ltd. – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. Subhash Chandra Keyal, learned Senior Standing counsel, CBDT & Income Tax, NER, appearing on behalf of the appellants in these 2(two) income tax appeals. Also heard Dr. Ashok Saraf, learned senior counsel, assisted by Mr. B. Sarma, learned counsel, appearing on behalf of the sole respondent in both these income tax appeals.
2. The present income tax appeals being ITA No. 03/2023 and ITA No. 06/2023 have been preferred by the Revenue Department under Section 260A of the Income Tax Act, 1961 , challenging the order, dated 21.06.2022, passed by the Income Tax Appellate Tribunal, Guwahati Bench at Kolkata, in ITA No. GAU 232/GAU/2019 and ITA No. 359/GAU/2019.
3. As the above-noted income tax appeals involve identical factual and legal issues; hence, these appeals were heard together and are disposed of by this common judgment & order.
4. The brief facts requisite for adjudication of the issue arising in the present proceedings, is noticed as under:
4.1. In the above-noted income tax appeals; this Court had
Excise duty exemptions granted for industrial development are capital receipts, not subject to taxation under normal provisions or included in MAT calculations.
Interest and penalty cannot be levied on late payment of duty that is exempted under the Central Excise Act, as no liability arises for such payments.
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