Principal Commissioner Of Income Tax, Kolkata -11, Kolkata v. M/S. Simplex Somdatt Builders

OD-16

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT 217 of 2018 IA No.GA 1 of 2018 (Old No. GA 1872 of 2018), GA 2 of 2018(Old No.GA 1874 of 2018) PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-11, KOLKATA

VERSUS

M/S. SIMPLEX SOMDATT BUILDERS

BEFORE:

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

Appearance:

Mr. Tilak Mitra, Adv.

...for the appellant.

Ms. Nilanjana Banerjee Pal, 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. Tilak Mitra, learned standing counsel appearing for the appellant/revenue and Ms. Nilanjana Banerjee Pal, learned counsel appearing for the respondent.

We are satisfied with the reasons assigned in the affidavit filed in support of the petition. Accordingly, delay in filing the appeal is condoned. The application being IA No.GA 1 of 2018(Old No.GA 1872 of 2018) for condonation of delay stands allowed.

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 2 of 2018 (Old No. 1874 of 2018) for stay also stands dismissed.

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