COMMISSIONER OF INCOME TAX, KOL-I, KOL vs. M/S. ASHA MANGAL PORTFOLIO PVT LTD

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ITA/59/2014HC CalcuttaWBCHCO002613201423 July 2021Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE ARIJIT BANERJEE2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal by dismissing it, noting that the amount of tax involved was below the minimum limit prescribed for filing appeals in the High Court as per Circular No.17/2019. The Court's reasoning was based on the explicit instruction in the circular regarding the monetary threshold for appeals. While the appeal was dismissed on procedural grounds related to the tax effect, the Court explicitly stated that the questions of law raised in the appeal were kept open. Therefore, no decision was made on the merits of the substantive issues.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Kolkata – I, against an order dated December 19, 2013, passed by the Income Tax Appellate Tribunal, Kolkata. The order pertained to assessment years 2004-05 and 2005-06 and was in relation to ITA Nos.1978-1979/Kol/2010. The respondent, M/s. Asha Mangal Portfolio Pvt. Ltd., was represented by counsel. The amount of tax involved in the appeal was stated to be less than ₹ 1 crore.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the revenue should be dismissed on the grounds that the tax effect was below the minimum limit prescribed for filing appeals in the High Court. The revenue contended that the appeal was maintainable. The respondent, however, argued that the appeal should be dismissed in light of Circular No.17/2019 issued by the Central Board of Direct Taxes, which sets a minimum monetary limit for filing appeals. The question of law turned on the applicability of this circular to the present appeal.

AI-generated summary — verify with the full judgment below

Serial No. OD – 15 HIGH COURT AT CALCUTTA (ORIGINAL SIDE) ITA/59/2014 (Through Video Conferencing) COMMISSIONER OF INCOME TAX, KOLKATA – I ….Appellant(s) Through : (None) V/s M/s. ASHA MANGAL PORTFOLIO PVT. LTD. . ….Respondent(s) Through : Mr. M.S. Tiwari, Advocate. Coram: HON’BLE MR. RAJESH BINDAL, CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE ARIJIT BANERJEE, JUDGE O R D E R 1. The present appeal has been filed impugning the order dated December 19, 2013 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata in ITA Nos.1978-1979/Kol/2010 for the assessment years 2004-05 and 2005-06 respectively. 2. Learned counsel for the respondent pointed out that the amount of tax involved in the present appeal is less than ₹ 1 crore. The same being below the minimum limit prescribed for filing of appeals in the High Court vide Circular No.17/2019 F.No.279/Misc.142/2007-ITJ(Pt.) issued by the Government of India, Ministry of Finance, Department of Revenue, Central

2 Board of Direct Taxes, Judicial Section dated August 8, 2019, the present appeal may be dismissed. 3. The present appeal is disposed of accordingly, however, keeping open the questions of law raised therein. KOLKATA (ARIJIT BANERJEE) (RAJESH BINDAL) 23.07.2021 JUDGE CHIEF JUSTICE (ACTING) akg/S.Kumar

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