Ita/154/2009 Commissioner Of Income Tax, Kolkata-Xiv v. M/S. Fibre Box Company

O-76 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/154/2009COMMISSIONER OF INCOME TAX, KOLKATA-XIVVS.M/S. FIBRE BOX COMPANY BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM AndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 13[th] February, 2023 Appearance :Mr. Prithu Dudhoria, Adv.… for appellant The Court : This appeal filed by the revenue filed under Section 260A ofthe Income Tax, 1961 (the Act) is directed against the order dated 24[th]December, 2008, passed by the Income Tax Appellate Tribunal, “B” Bench,Kolkata (Tribunal) in ITA Nos. 1301 and 983/Kol/2008 for the assessment year1999-00. The appeal was admitted on 28[th] January, 2010 on the followingsubstantial questions of law :- “Whether the learned Tribunal is justified in law in holding that Section 45sub-section (4) has come into operation after 1[st] April, 1999 when thepartnership firm stood dissolved and thereby did not apply the saidprovision ?” We have heard Mr. Prithu Dudhoria, learned standing counsel appearingfor the appellant. Learned standing counsel upon referring to the order passed by theCommissioner of Income tax (Appeals) XII, dated 30[th] April, 2008 points out thatthe tax effect in this appeal is Rs.26,86,946/-. If that be so, the revenue cannotpursue this appeal as it is well below the threshold limit of Rs.1 Crore as fixedby the CBDT. For the above reason, the appeal stands disposed of on the ground of lowtax effect and the substantial question of law is left open. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) SN/S.Pal