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of <h1>Application and Appeal Dismissed without Costs. Priority Copy of Order Available.</h1> <h3>Commissioner Of Income Tax, Kol-IV, Kolkata Versus Phillips Carbon Black Limited</h3> Commissioner Of Income Tax, Kol-IV, Kolkata Versus Phillips Carbon Black Limited - TMI Issues:1. Deduction of retainership fee2. Deduction of Guest House Expenses3. Payment of P.F., E.S.I., Sales Tax, and other statutory liabilities4. Addition under the head 'Air Craft Flying Rights Charges'Analysis:Issue 1: Deduction of Retainership FeeThe appeal questioned the justification of upholding the order of the CIT(A) in granting the deduction for retainership fee paid to M/s. Sreebala (P) Ltd. The revenue did not press this issue, indicating a lack of interest in pursuing it. Therefore, the court deemed the revenue's lack of instruction as a sign of disinterest and did not delve into this matter further.Issue 2: Deduction of Guest House ExpensesSimilarly, the appeal raised concerns about the deduction of Guest House Expenses. However, the revenue again expressed a lack of interest in pursuing this issue. As a result, the court did not address this matter any further, considering the revenue's stance on the subject.Issue 3: Payment of P.F., E.S.I., Sales Tax, and Other Statutory LiabilitiesThe question of justifiability in upholding the order of the CIT(A) regarding the payment of various statutory liabilities was discussed. The court referred to judgments by the Hon'ble Supreme Court and the local court, which had already addressed and adjudicated similar issues. Given the precedents set by these judgments, the court considered this question as already resolved and did not delve into it further.Issue 4: Addition under the Head 'Air Craft Flying Rights Charges'The final issue pertained to the addition under the head 'Air Craft Flying Rights Charges.' The court noted that the learned Tribunal had agreed with the reasoning of the CIT in detail regarding this matter. As a result, the court found no necessity to further examine this question and decided not to delve into it.In conclusion, the court dismissed the application and appeal, with no order as to costs. The urgent certified copy of the order was to be provided to the parties upon application on a priority basis.
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