Ita/253/2009 Ia No. Ga/1/2009 (Old No. Ga v. Messers Siyawala Exports Private Limited

OD-10 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/253/2009IA NO. GA/1/2009 (OLD NO. GA NO.2543 OF 2009)COMMISSIONER OF INCOME TAX, KOLKATA – IVVs.MESSERS SIYAWALA EXPORTS PRIVATE LIMITED BEFORE:The Hon'ble JUSTICE T. S. SIVAGNANAM ANDThe Hon’ble JUSTICE HIRANMAY BHATTACHARYYADate : 9[th] February 2023. Appearance:Mr. Prithu Dudheria, Adv.…for the appellant. GA/1/2009 The Court : We have heard Mr. Prithu Dudheria, learned standingCounsel for the appellant. There is a delay of 97 days in filing the appeal. We have perused theaffidavit filed in support of the petition and we find sufficient cause has beenshown for not preferring the appeal within the period of limitation. Hence, theapplication is allowed and the delay in filing the appeal is condoned. ITA/253/2009 This appeal filed by the revenue under Section 260A of the Income TaxAct, 1961 (the Act) is directed against the order dated 30.1.2009 passed bythe Income Tax Appellate Tribunal “A” Bench, Kolkata in ITA no.1868/Kol/2008 for the assessment year 2002-2003. The revenue has raised the following substantial question of law forconsideration :- (a) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in upholding theorder of Commissioner of Income Tax (Appeals) in allowing the claimof deduction of Rs.71,16,581/- under Section 10A of the Income TaxAct, 1961 and erred in not considering that the assessee failed tofulfill the condition precedent for claiming exemption under Section10A of the Act ? As could be seen from the substantial question of law raised by therevenue the dispute is with regard to the claim of deduction ofRs.71,16,581/- and even assuming the stand of the revenue is accepted thetax effect will be well below the threshold limit of Rs. 1 crore. Therefore, therevenue cannot pursue this appeal. Accordingly, the appeal stands disposed of on the ground of low taxeffect and the substantial question of law is left open. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) R Bhar/GH.