Principal Commissioner Of Income Tax 1 Kolkata v. M/S Stratus Commodities Private Limited

OD 7 ORDER SHEET ITAT/12/2026 IA NO:GA/1/2026, GA/2/2026

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, KOLKATA VS M/S. STRATUS COMMODITIES PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE RAJARSHI BHARADWAJ AND The Hon'ble JUSTICE UDAY KUMAR Date: 20th March, 2026.

Appearance:

Mr. Soumen Bhattacharjee, Adv.

Mr. Anurag Roy, Adv.

Ms. Shradhya Ghosh, Adv.

Mr. Raunak Seal, Adv.

...for the appellant The Court: Heard learned counsel for the appellant. No one appears for the respondent/assessee.

There is a delay of 44 days in filing the appeal. We are satisfied with the explanation offered for not preferring the appeal within time. Therefore, the delay is condoned. The application is allowed.

IA No.GA/1/2026 is disposed of.

Learned counsel appearing for the appellant submits that the tax effect in the instant appeal is Rs.27,81,000/- for the Assessment Year 2010-11. Although the tax effect in the instant case is less than the prescribed limit of CBDT

Circular but the instant case falls under the exceptional clause (h) of Para No.3.1 of the CBDT's latest Circular No.05/2024 dated 15.03.2024. Perused the application and the impugned order of assessment as well as the Tribunal's order dated 25.03.2025. We do not find any application of the exceptional clause which may merit for consideration in this matter and as the taxable amount is also below the monetary limit as prescribed in the Circular No.05/2024 dated 15.03.2024, the appeal and the application [GA/2/2026] stand dismissed.

(RAJARSHI BHARADWAJ, J.) (UDAY KUMAR, J.) B.Pal