Principal Commissioner Of Income Tax, Central-I, Kolkata v. Mr. Subrata Banik

OD-66 ITAT/354/2017IA NO: GA/2/2017(Old No.GA/3559/2017)IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (INCOME TAX)ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-I, KOLKATAVERSUSMR. SUBRATA BANIK BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAMAndTHE HON’BLE JUSTICE HIRANMAY BHATTACHARYYADate : 23[rd] November, 2021 Appearance :- Ms. Sucharita Biswas, Adv.Mr. Asok Bhowmick, Adv. … For Appellant… For Respondent Mr. J.P. Khaitan, Sr. Adv.Mr. Avra Majumder, Adv. The Court : This appeal by the assessee filed under Section260A of the Income Tax Act, 1961 (the Act, for brevity) is directedagainst the order dated 18[th] November, 2016 passed by the IncomeTax Appellate Tribunal, “A” Bench, Kolkata in I.T.(S.S.)A. Nos. 83, 84,85 & 89/KOL/2013 for assessment years 2002-03, 2003-04, 2004-05and 2005-06. The appellant has raised the following questions of lawfor consideration :- a)Whether on the facts and in the circumstances of the case theHon’ble Income Tax Appellate Tribunal, “A” Bench, KolkataHon’ble Income Tax Appellate Tribunal, “A” Bench, Kolkata erred in law in deleting the disallowance of claim ofadvertisement expenses as deferred revenue expenditure ? b)Whether on the facts and in the circumstances of the case theHon’ble Income Tax Appellate Tribunal, “A” Bench, Kolkatajustified in law that the expenses incurred in previous year notrelated to assessment year in question can be allowed asdeferred revenue expenditure ? We have heard Ms. Sucharita Biswas, learned Standing Counselappearing for the appellant revenue and Mr. J.P. Khaitan, learnedSenior Counsel appearing for the respondent assessee. LearnedStanding Counsel for the appellant submitted that the present appealis below the monetary limit fixed by the CBDT in their Circular andtherefore the revenue cannot pursue the appeal. The said submissionis placed on record and the appeal stands disposed of on the groundof low tax effect. Consequently, substantial questions of law are leftopen. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.)