Principal Comm Of Income Tax, Kolkata - 12, Kolkata v. Manoj Murarka

OD-8

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT 284 of 2017 IA No.GA 1 of 2017(Old No.GA 2644 of 2017), GA 2 of 2017 (Old No. 2645 of 2017) COMMISSIONER OF INCOME TAX, KOLKATA-12, KOLKATA

VERSUS

MANOJ MURARKA

BEFORE:

The Hon'ble JUSTICE T. S. SIVAGNANAM AND The Hon'ble JUSTICE HIRANMAY BHATTACHARYYA Date : 17th December, 2021.

Appearance:

Mr. Debasish Choudhury, Adv.

...for the appellant.

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, 'B' Bench, Kolkata.

We have heard Mr. Debasish Choudhury, learned standing counsel appearing for the appellant/revenue.

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 2017(Old No.GA 2644 of 2017) 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 such submission, the appeal is 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 2017 (Old No. 2645 of 2017) for stay also stands dismissed.

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