Ita/18/2012 Commissioner Of Income Tax, Central-I, Kolkata v. Sheela Devi Agarwalla

O-2 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/18/2012COMMISSIONER OF INCOME TAX, CENTRAL-I, KOLKATAVS.SHEELA DEVI AGARWALLA BEFORE :THE HON’BLE JUSTICE T.S. SIVAGNANAM AndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 17[th] November, 2022 Appearance :Mr. Soumen Bhattacharjee, Adv.…for the appellantMr. Saumya Kejriwal, Adv.Mr. G.S. Gupta, Adv.…for the respondent The Court : This appeal at the instance of the revenue under Section 260Aof the Income Tax, 1961 (the Act) is directed against the order dated July 14,2011 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata in ITANos. 42 to 44 (Kol) of 2011 for the assessment years 2003-04, 2005-06 and2007-08 respectively. Mr. Soumen Bhattacharjee, learned standing counsel representing theappellant/revenue, submits that the tax effect in the instant appeal is below thethreshold limit as per the CBDT circular. Such fact has not been disputed by thelearned counsel for the respondent/assessee. In view thereof, the revenue cannot pursue the appeal any further. Accordingly, the appeal stands dismissed on the ground of low tax effect.The substantial questions of law already framed by this Court by orderdated January 24, 2012 are left open. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) SN.AR(CR)