Commissioner Of Income Tax,Asansol v. Sri Nandlal Agarwal

ITA/477/2008 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE COMMISSIONER OF INCOME TAX,ASANSOL -Versus- SRI NANDLAL AGARWAL BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAMAndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 14[th] March, 2023 Appearance :Mr. Amit Sharma, Adv....for the appellant. The Court : This appeal filed by the revenue underSection 260A of the Income Tax Act, 1961 (the ‘Act’ for brevity) is directed against the order dated 30[th] November,2007 passed by the Income Tax Appellate Tribunal, “C” Bench,Kolkata (the Tribunal) in ITA No.1463/Kol/2006 or theassessment year 1990-91. The appeal was admitted on 11[th] August, 2008 on the following substantial questions of law: (i)Whether on the facts and in the circumstancesof the case the Income Tax Appellate Tribunal was wholly wrong in holding that the re-assessment order passed by the AssessingOfficer on 29[th] March, 2004 under Section144/250 of the Income Tax Act is barred bylimitation and is void ab initio even withoutconsidering the applicability of the relevantprovisions of law prevailing at the relevantpoint of time ?assessment order passed by the AssessingOfficer on 29[th] March, 2004 under Section144/250 of the Income Tax Act is barred bylimitation and is void ab initio even withoutconsidering the applicability of the relevantprovisions of law prevailing at the relevantpoint of time ? (ii)Whether on the facts and in the circumstancesof the case the Income Tax Appellate Tribunalwas justified in holding that the pendingproceeding will be affected by any amendmentbrought during the pendency of the case i.e.,amendment to Section 153(2A) of the Income TaxAct, 1961 ?of the case the Income Tax Appellate Tribunalwas justified in holding that the pendingproceeding will be affected by any amendmentbrought during the pendency of the case i.e.,amendment to Section 153(2A) of the Income TaxAct, 1961 ? counsel for the appellant/revenue. The notice sent to the respondent/assessee hasreturned with the endorsement that the respondent is‘deceased’. On perusal of the order passed by the Commissioner ofIncome Tax (Appeals), Asansol dated 15[th] February, 2006 wefind that the tax effect involved in this case isRs.47,36,851/-. If that be the so, the appellant cannot pursuethis appeal on the ground that the tax effect is less than thethreshold limit of Rs.1 crore. For the above reason, the appeal (ITA/477/2008) isdisposed of on the ground of low tax effect. Consequently, thesubstantial questions of law are left open. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) As./K.Banerjee