2012 (5) TMI 757 - AT - Income Tax

Summary

Issues involved: Delay in filing appeal, treatment of sundry receipts as business income, addition of cess on green leaf.

Delay in filing appeal: The Revenue filed an appeal against an order dated 10.03.2010 of the ld. CIT-(A)-IV, Kolkata for A.Yr. 2006-07, with a delay of 26 days. The Revenue submitted a condonation petition explaining the reasons for the delay, which was accepted.

Treatment of sundry receipts as business income: The Revenue contended that the CIT(A) erred in directing the AO to treat sundry receipts of Rs. 56,10,000 as business income without considering the 60:40 division u/s 8. The AO disallowed the amount, but the CIT(A) allowed it, stating that the income was directly connected to tea business activities and qualified under Rule 8 of the IT Act. The Tribunal upheld the CIT(A)'s decision, noting that the receipts were integral to the tea business.

Addition of cess on green leaf: The AO disallowed Rs. 30,54,824 on account of cess on green leaf, stating it was not allowable from composite income. The CIT(A) allowed the deduction based on the decision of the Calcutta High Court. The Tribunal upheld the CIT(A)'s decision, citing judicial consistency and previous Tribunal rulings in favor of allowing such deductions.

Conclusion: The Tribunal dismissed the Revenue's appeal, confirming the decisions of the CIT(A) on both issues. The appeal was dismissed on 11.05.2012.