Principal Commissioner Ofincome Tax-4, Kolkata v. M/S. Khaitan India Limited
High Court
30 Nov 2023 In favour of: Assessee
Forum / Bench
High Court · calcutta_original_side
Parties
Principal Commissioner Ofincome Tax-4, Kolkata v. M/S. Khaitan India Limited
Date of order
30 Nov 2023
Assessment year(s)
2009-10
Outcome
Dismissed
Case summary
In Principal Commissioner Ofincome Tax-4, Kolkata v. M/S. Khaitan India Limited, the High Court (2023) dismissed the appeal. The decision went in favour of the assessee.
Decision: Therefore, the appeal(ITA/9/2019) is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
OD-31
ITA/9/2019
IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (Income Tax)ORIGINAL SIDE
PRINCIPAL COMMISSIONER OFINCOME TAX-4, KOLKATA
-Versus-
M/S. KHAITAN INDIA LIMITED
BEFORE :THE HON’BLE JUSTICE SURYA PRAKASH KESARWANIAndTHE HON’BLE JUSTICE RAJARSHI BHARADWAJDate : 30[th] November, 2023
Appearance :Mr. Prithu Dudheria, Adv....for the apellant.Mr. Arvind Agarwal, Adv.Mr. Farhan Ghaffar, Adv....for the respondent.
The Court : Heard Mr. Prithu Dudheria, learned counselfor the appellant/Income Tax department and Mr. Avra Majumdar,learned advocate for the respondent/assessee.This appeal relates to assessment year 2009-10. Thelearned counsel for the respondent/assessee has referred to theassessment order and the appellate order passed by theCommissioner of Income Tax (Appeals) and states that the taxeffect involved in the present appeal filed by the Departmentis much below the monetary limit fixed under the Circular
No.17/2019 dated 8[th] August, 2019 issued by the Government ofIndia, Ministry of Finance, Department of Revenue, CentralBoard of Direct Taxes, New Delhi and in view thereof, thepresent appeal deserves to be dismissed.
We find that the tax effect is much less than themonetary limit fixed under the aforesaid Circular for filing ofthe appeal by the income tax department. Therefore, the appeal(ITA/9/2019) is dismissed.
(SURYA PRAKASH KESARWANI, J.)
(RAJARSHI BHARADWAJ, J.)
As.
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