Principal Commissioner Of Income Tax, Central -I, Kolkata v. Nilliampathy Tracon Pvt. Ltd.

OD-18

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT 220 of 2018 IA No.GA 1 of 2018 (Old No. GA 1961 of 2018), GA 2 of 2018(Old No.GA 1966 of 2018) PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA

VERSUS

NILLIAMPATHY TRACON PVT. LTD.

BEFORE:

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

Appearance:

Mr. Debasish Chowdhury, Adv.

...for the appellant.

Mr. Bhaskar Sengupta, 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. Debasish Chowdhury, learned standing counsel appearing for the appellant/revenue and Mr. Bhaskar Sengupta, 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 1961 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. 1966 of 2018) for stay also stands dismissed.

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