Commissioner Of Income Tax,Kolkata, Kolkata-Iv v. M/S. Philips Carbon Black Ltd

ITA/131/2010 IN THE HIGH COURT AT CALCUTTASpecial Jurisdiction (Income Tax)ORIGINAL SIDE COMMISSIONER OF INCOME TAX,KOLKATA, KOLKATA-IV -Versus- M/S. PHILIPS CARBON BLACK LTD. Appearance:Ms. Smita Das De, Adv.. . . for the appellant. Mr. J. P. Khaitan, Sr. Adv.Mr. Agnibesh Sengupta, Adv.Mr. A. K. Dey, Adv....for the respondent. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE SUPRATIM BHATTACHARYA Date : 16[th] September, 2022. The Court : This appeal filed by the revenue underSection 260A of the Income Tax Act, is directed against theorder dated 22[nd] January, 2010 passed by the Income TaxAppellate Tribunal, “B” Bench, Kolkata (the Tribunal) in ITANo.421/Kol/2009 for the assessment year 2002-03. The appeal was admitted on the following substantialquestion of law: (i)Whether on the facts and circumstances of thecase, the Income Tax Appellate Tribunal isjustified in law in deleting the addition ofRs.2,40,00,000/- in absence of any evidence ofrendering of actual service by R.P.G.Enterprise Ltd. ?” We have heard Ms. Smita Das De, learned standingcounsel for the appellant/revenue and Mr. J.P. Khaitan, learnedsenior counsel assisted by Mr. Agnibesh Sengupta and Mr. A. K.Dey, learned advocates for the respondent/assessee. From the substantial question of law which has beenadmitted it is seen that the tax effect involved in this appealis much less than the threshold limit fixed by the Circularissued by the CBDT. Therefore, the revenue cannot pursue thisappeal.Accordingly, the appeal (ITA/131/2010) stands disposedof on the ground of low tax effect and the substantial questionof law is left open. (SUPRATIM BHATTACHARYA, J.)