Commissioner Of Income Tax, Central - I, Kolkata v. Smt. Sheela Devi Agarwal

O-2

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA/18/2012 COMMISSIONER OF INCOME TAX, CENTRAL-I, KOLKATA VS.

SHEELA DEVI AGARWALLA BEFORE :

THE HON'BLE JUSTICE T.S. SIVAGNANAM And THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA Date : 17th November, 2022 Appearance :

Mr. Soumen Bhattacharjee, Adv.

...for the appellant Mr. Saumya Kejriwal, Adv.

Mr. G.S. Gupta, Adv.

...for the respondent The Court : This appeal at the instance of the revenue under Section 260A of the Income Tax, 1961 (the Act) is directed against the order dated July 14, 2011 passed by the Income Tax Appellate Tribunal, "A" Bench, Kolkata in ITA Nos. 42 to 44 (Kol) of 2011 for the assessment years 2003-04, 2005-06 and 2007-08 respectively.

Mr. Soumen Bhattacharjee, learned standing counsel representing the appellant/revenue, submits that the tax effect in the instant appeal is below the threshold limit as per the CBDT circular. Such fact has not been disputed by the learned counsel for the respondent/assessee.

In view thereof, the revenue cannot pursue the appeal any further.

Accordingly, the appeal stands dismissed on the ground of low tax effect. The substantial questions of law already framed by this Court by order dated January 24, 2012 are left open.

(T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) SN.

AR(CR)