Ita/111/2018 Commissioner Of Income Tax, Central-I, Kolkata v. M/S. Amrit Feeds Limited

OD-1 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/111/2018COMMISSIONER OF INCOME TAX, CENTRAL-I, KOLKATAVERSUSM/S. AMRIT FEEDS LIMITED BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAMAndTHE HON’BLE JUSTICE BIVAS PATTANAYAKDate : 13[th ]July, 2022 Appearance :- Mr. Soumen Bhattacharjee, Adv. … For Appellant The Court : This appeal by the revenue filed under Section 260Aof the Income Tax Act, 1961 (the Act, for brevity)) is directed againstthe order passed by the Income Tax Appellate Tribunal, “B” Bench,Kolkata in ITA No. 825/Kol/2012, for the assessment year 2008-09.The revenue has raised the following substantial questions of law forconsideration. i)Whether on the fact and circumstances of the case the IncomeTax Appellate Tribunal erred in law in holding that mixing ofdifferent ingredients without involving any change in thechemical composition of the ingredients was entitled fordeduction under section 80IB(5) of the Income Tax Act, 1961 ?Tax Appellate Tribunal erred in law in holding that mixing ofdifferent ingredients without involving any change in thechemical composition of the ingredients was entitled fordeduction under section 80IB(5) of the Income Tax Act, 1961 ? ii)Whether on the fact and circumstances of the case the IncomeTax Appellate Tribunal erred in law in deleting the additionmade by the assessing officer on account of delayed payment ofemployees contribution to provident fund and ESI ? We have heard Mr. Soumen Bhattacharjee, learned standingCounsel appearing for the appellant. The learned standing Counselsubmits that he has got written instruction from the Income TaxDepartment vide letter dated 5[th] April, 2019 that the tax effectinvolved in this appeal is Rs.48,91,380/-, which is lesser than thethreshold limit fixed by the CBDT in their Circular. Therefore, therevenue cannot pursue this appeal. Accordingly, the appeal stands dismissed on the ground of lowtax effect. Consequently, the substantial questions of law are leftopen. (T.S. SIVAGNANAM, J.) (BIVAS PATTANAYAK, J.)