Principal Commissioner Of Income Tax-4, Kolkata v. Development Consultants Limited

OD-5 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT 347 of 2017 IA No.GA 1 of 2017 (Old No. GA 3531 of 2017), GA 2 of 2017(Old No.GA 3532 of 2017) PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA VERSUS DEVELOPMENT CONSULTANTS LIMITED BEFORE: The Hon’ble JUSTICE T. S. SIVAGNANAM AND The Hon’ble JUSTICE HIRANMAY BHATTACHARYYA Date : 3[rd] January, 2022. Appearance: Mr. Debasish Chowdhury, Adv. …for the appellant. Mr. Avra Majumdar, Adv. ...for the respondent. The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act is directed against the order passed by the Income Tax Appellate Tribunal, Kolkata. We have heard Mr. Debasish Chowdhury, learned standing counsel appearing for the appellant/revenue and Mr. Avra Majumdar, learned counsel appearing for the respondent. We are satisfied with the reasons assigned in the affidavit filed in support of the petition. Accordingly, delay in filing the appeal is condoned. The application being IA No.GA 1 of 2017(Old No.GA 3531 of 2017) for condonation of delay stands allowed. The learned standing counsel appearing for the appellant/revenue on instructions from the department submitted that the appeal cannot be pursued by the revenue on account of low tax effect. Recording the said submission, the appeal stands dismissed on the ground of low tax effect. Consequently, substantial questions of law which have been raised are left open. The application being IA GA 2 of 2017 (Old No. 3532 of 2017) for stay also stands dismissed. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) s.pal/pkd