Ita/311/2008 Commissioner Of Income Tax, Kolkata-Xii v. Asha Rani Poddar And Anr

OD–1 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE ITA/311/2008COMMISSIONER OF INCOME TAX, KOLKATA-XIIVS.ASHA RANI PODDAR AND ANR. BEFORE :THE HON’BLE JUSTICE T.S. SIVAGNANAMAndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 20[th] March, 2023 Appearance :Mr. Soumen Bhattacharjee, Adv.…for appellant The Court : - This appeal filed by the revenue under Section 260A of the IncomeTax Act (the Act) is directed against the order dated September 28, 2007 passed by theIncome Tax Appellate Tribunal “D” Bench, Kolkata in IT(SS) A No. 57/Kol/2007 relatingto Block Period 9.4.1986 to 11.3.1997. This appeal was admitted on 11.8.2008 uponframing the following substantial questions of law :- “1. Whether on the facts and in the circumstances of the case the Income TaxAppellate Tribunal was justified in allowing the assessee’s appeal without properappreciation of the materials brought on record by the Assessing Officer duringthe course of assessment and without considering the argument of thedepartment ? 2. Whether on the facts and in the circumstances of the case the Income TaxAppellate Tribunal was justified in not considering that the seized documents arethe sufficient evidence to prove that the assessee engaged himself in the jointventure?” Mr. Soumen Bhattacharjee, learned Counsel representing the revenue draws theattention of the court to the order passed by the CIT(Appeals) to indicate that the taxeffect involved in this appeal is Rs.51,23,854/- which is far below the threshold limitfixed by the C.B.D.T. In view thereof, the revenue cannot proceed with this appeal anyfurther. Accordingly, the instant appeal stands dismissed on the ground of low tax effectand the substantial questions of law framed by this Court by order dated 11.08.2008are left open. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.)