Ita/251/2009 Commissioner Of Income Tax, Kolkata – I v. Salarpuria Properties (P) Limited

ORDER IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/251/2009COMMISSIONER OF INCOME TAX, KOLKATA – IVERSUSSALARPURIA PROPERTIES (P) LIMITED OD – 4 BEFORE: The Hon'ble Justice SURYA PRAKASH KESARWANI The Hon'ble Justice RAJARSHI BHARADWAJ Date : 28[th ]November 2023. Appearance:Mr. Om Narayan Rai, AdvocateMr. Prithu Dudheria, Advocate… for appellant.Ms. Swapna Das, AdvocateMr. P. Jhunjhunwala, Advocate… for respondent. Both the learned counsel for the parties jointly state that the interestpayable to the assessee was Rs.1,46,402/-. Interest on interest was directed tobe paid on delayed payment. Interest on interest has been paid to the assesseepursuant to an order passed by the assessing officer under Section 143(3) ofthe Income Tax Act, 1961. In view of the statements made by the learned counsel for the parties onfacts, we find that the disputed amount / tax effect is less than the limitspecified by Circular No.17/2019 dated 08.08.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board DirectTaxes. Therefore, this appeal having been filed by the Revenue despite taxeffect being below the monetary limit fixed for filing appeal; deserves to bedismissed. For the reasons afore-stated, the appeal is dismissed. (SURYA PRAKASH KESARWANI, J.) s. kumar (RAJARSHI BHARADWAJ, J.)