Principal Commissioner Of Income Tax ,Kolkata - 2, Kolkata v. Madhu Jayanti International Ltd

Serial No. OD/9 HIGH COURT AT CALCUTTA ORIGINAL SIDE ITAT No.235 of 2016 IA No. GA 1/2016 GA No.1515 of 2016 (Old) IA No. GA 2/2016 GA No.1516 of 2016 (Old) (Through Video Conferencing) Principal Commissioner of Income Tax, Kolkata-II, Kolkata ....Appellant(s) Through : Mr. Madhu Jana, Mr. S.N. Dutta, Advocates v/s Madhu Jayanti International Limited ....Respondent(s) Through : Mr. J.P. Khaitan, Senior Advocate (VC) Ms. Swapna Das, Mr. Sanjay Bhaumik, Mr. Siddhartha Das, Advocates (VC) Coram : HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE HON'BLE MR. JUSTICE ANIRUDDHA ROY, JUDGE

O R D E R

1.

The present appeal has been filed by the Revenue raising substantial questions of law arising out of order dated April 13, 2015 passed by the Income Tax Appellate Tribunal 'A' Bench, Kolkata in ITA No.1463/Kol/07, for the assessment year 2004-05.

2.

Learned counsel for the appellant submitted that in view of Circular No.17/2019 F.No.279/Misc.142/2007-ITJ(Pt.) issued by Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, Judicial Section dated August 8, 2019, tax monetary limit for filing appeals

before the High Court has been increased to Rs.1 crore and the tax effect in the present appeal being less than that, he may be permitted to withdraw the present appeal.

3.

We allow the prayer made by the learned Counsel for the appellant. Appeal is dismissed as withdrawn, while keeping open the legal issue raised therein.

(ANIRUDDHA ROY) (RAJESH BINDAL) JUDGE JUDGE Kolkata 08.01.2021 akg/S. Kumar