Case LawHigh Court › Ita/182/2011 Commissioner Of Income Tax,...

Ita/182/2011 Commissioner Of Income Tax, Kolkata -1 v. M/S. Panihati Castings Pvt. Ltd

High Court 17 Nov 2022 In favour of: Assessee
Forum / Bench
High Court · calcutta_original_side
Parties
Ita/182/2011 Commissioner Of Income Tax, Kolkata -1 v. M/S. Panihati Castings Pvt. Ltd
Date of order
17 Nov 2022
Assessment year(s)
2007-08
Outcome
Dismissed

Case summary

In Ita/182/2011 Commissioner Of Income Tax, Kolkata -1 v. M/S. Panihati Castings Pvt. Ltd, the High Court (2022) dismissed the appeal. The decision went in favour of the assessee.

Decision: Accordingly, the appeal stands dismissed on the ground of low tax effect.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

O-1 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/182/2011COMMISSIONER OF INCOME TAX, KOLKATA -1VS.M/S. PANIHATI CASTINGS PVT. LTD. 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 appellant. 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 June 10,2011 passed by the Income Tax Appellate Tribunal, “B” Bench, Kolkata in ITANo. 1920/Kol/2010 for the assessment year 2007-08. Mr. Soumen Bhattacharjee, learned standing counsel representing theappellant/revenue, draws attention of the Court to page 36 of the Paper Book,more particularly ground no.2 in the Memorandum of appeal and submits thatthe issue involved in this appeal is with regard to cessation of liabilitiesamounting to Rs.2,60,28,151/-. He thus submits that the tax effect in theinstant appeal is below the threshold limit as per the CBDT circular. 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 September 30, 2011 are left open. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) SN
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