Principal Commissioner Of Income Tax , Kolkata - 16, Kolkata v. M/S. Prakash Engineering Works

Serial No. OD - 13 HIGH COURT AT CALCUTTA (ORIGINAL SIDE) ITA/14/2018 IA No: GA/2/2017(Old No:GA/986/2017) (Through Video Conferencing) PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-16, KOLKATA .............Appellant(s) Through : Mr. Radhamohan Roy, Advocate (VC) v/s M/s. PRAKSH ENGINEERING WORKS .............Respondent(s) Through : Mr. J.P. Khaitan, Senior Advocate with Mr. Saumya Kejriwal, Advocate (VC) Ms. Swapna Das, Mr. Siddharth Das, Advocates Coram : HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE HON'BLE MR. JUSTICE ANIRUDDHA ROY, JUDGE

O R D E R

1.

The present appeal has been filed impugning the order dated February 24, 2016 passed by the Income Tax Tribunal, Kolkata "C" Bench, Kolkata in ITA No.157/Kol/2008 for the assessment year 1993-94.

2.

Learned counsel for the appellant pointed out that in paragraph 9 of the stay application, it has been mentioned that the tax effect in the appeal is ₹49,63,636/-. The same being below the minimum limit prescribed for filing of appeals in the High Court vide Circular No.17/2019 F.No.279/Misc.142/2007-ITJ(Pt.) issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Judicial Section dated August 8, 2019, he may be permitted to withdraw the present appeal. 3.

In view of the facts as stated above, the present appeal is dismissed as withdrawn, while keeping open the legal issues raised therein. KOLKATA (ANIRUDDHA ROY) (RAJESH BINDAL) 08.02.2021 JUDGE JUDGE SN/TO.