Principal Commissioner Of Incometax, Kolkata-Ii, Kolkata v. M/S. Tea Time Limited

OD-10 ITAT/197/2016 IA No.GA/1/2016 (Old No.GA/1608/2016) IN THE HIGH COURT AT CALCUTTASpecial Jurisdiction (Income Tax)ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOMETAX, KOLKATA-II, KOLKATA -Versus- M/S. TEA TIME LIMITED Appearance:Mr. Prithu Dudheria, Adv....for the appellant.Mr. J. P. Khaitan, Sr. Adv.Mr. Siddhartha Das, Adv.Ms. Swapna Das, Adv....for the respondent. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE BIVAS PATTANAYAK Date : 15[th] July, 2022. The Court : This appeal filed by the revenue underSection 260A of the Income Tax Act, 1961 (the ‘Act’ for brevity)is directed against the order dated 20[th] November, 2015 passed bythe Income Tax Appellate Tribunal, Kolkata, “C” Bench, Kolkata inITA Nos.1382 & 1383/Kol/2009 for the assessment years 2002-03 and2003-04.We have heard Mr. Prithu Dudheria, learned standingcounsel for the appellant/revenue and Mr. J. P. Khaitan, learned senior counsel assisted by Mr. Siddhartha Das and Ms. Swapna Das,learned Advocates for the respondent. The learned counsel appearing for the appellant submittedthat the tax effect involved in this appeal is lesser than thethreshold limit fixed by the CBDT and, consequently, the revenuecannot pursue the matter. Accordingly, the appeal filed by the revenue (ITAT/197/2016) stands dismissed on the ground of low tax effectand the substantial questions of law are left open. Consequently, the connected application for stay (IANo.GA/1/2016) also stands closed. (T.S. SIVAGNANAM, J.) (BIVAS PATTANAYAK, J.)