Principal Commissioner Of Income Tax -3,Kolkata v. M/S. Five Stein India Projects Pvt Ltd

OD-11

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT 83 of 2018 IA No.GA 1 of 2018 (Old No. GA 1291 of 2018), PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA

VERSUS

M/S. FIVE STEIN INDIA PROJECTS PVT. LTD.

BEFORE:

The Hon'ble JUSTICE T. S. SIVAGNANAM AND The Hon'ble JUSTICE HIRANMAY BHATTACHARYYA Date : 3rd January, 2022.

Appearance:

Mr. Soumen Bhattacharya, Adv.

...for the appellant.

Ms. Anupa Banerjee, Adv.

Mr. Amitava Mitra, Adv.

...for the respondent.

The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act is directed against the order passed by the Income Tax Appellate Tribunal, Kolkata.

We have heard Mr. Soumen Bhattacharya, learned standing counsel appearing for the appellant/revenue and Ms. Anupa Banerjee, learned counsel appearing for the respondent.

The learned standing counsel appearing for the appellant/revenue on instructions from the department submitted that the appeal cannot be pursued by the revenue on account of low tax effect.

Recording the said submission, the appeal stands dismissed on the ground of low tax effect.

Consequently, substantial questions of law which have been raised are left open.

The application being IA GA 1 of 2018 (Old No. 1291 of 2018) for stay also stands dismissed.

(T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) s.pal/pkd