2017 (7) TMI 531

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....A ORDER Per N.V.Vasudevan, JM This is an appeal by the Revenue against the order dated 12.12.2013 of CIT(A)-IV, Kolkata relating to A.Y.2009-10. 2. Grounds of appeal raised by the revenue reads as follows :- "The Ld. CIT(A) erred in law as well as on the facts in holding that Cess on green leaf of Rs. 42,64,792/- is an allowable expenditure ignoring the fact that it is directly attr....

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....om sale of tea grown and manufactured by the seller in India shall be computed as if it were income derived from business, and forty per cent of such income shall be deemed to be income liable to tax. According to the AO Cess on green leaf was an expenditure which was attributable to the activity of growing of tea and would therefore be not allowable as deduction while computing income from manufa....

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....ibunal. The Learned DR appearing on behalf of the Revenue relied on the order of the AO. On the other hand, the ld.counsel for the assessee relied on the orders of the ld. CIT(A). 6. After hearing the rival submissions and on careful perusal of the materials available on record, keeping in view of the fact that the issue is concluded by the decision of the Hon'ble Jurisdictional High Court ....