PRINCIPAL COMMISSIONER OF INCOME TAX -4,KOLKATA vs. M/S. KHAITAN INDIA LTD

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ITA/9/2019HC CalcuttaWBCHCO000017201930 November 2023Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the tax effect in the present appeal is indeed much less than the monetary limit fixed under Circular No. 17/2019 for filing appeals by the Income Tax Department. Consequently, the Court found that the appeal deserves to be dismissed on this ground. The operative direction was to dismiss the appeal. No other issues were decided on merits.

What were the facts?

This appeal, filed by the Principal Commissioner of Income Tax-4, Kolkata (the Revenue), concerns the assessment year 2009-10. The appeal challenges an order passed by the Commissioner of Income Tax (Appeals). The assessee, M/s. Khaitan India Limited, through its counsel, pointed out that the tax effect involved in the present appeal falls below the monetary limit prescribed by Circular No. 17/2019 dated August 8, 2019, issued by the Central Board of Direct Taxes. Based on this circular, the assessee argued that the appeal should be dismissed.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given that the tax effect is below the monetary limit prescribed by CBDT Circular No. 17/2019? (Question of law) Assessee's contention: The assessee argued that the appeal should be dismissed as the tax effect is significantly lower than the monetary limit stipulated in Circular No. 17/2019, which governs the filing of appeals by the Income Tax Department. The assessee relied on this circular. Revenue's contention: The judgment does not record any specific contention from the Revenue regarding the maintainability of the appeal or the applicability of the circular.

AI-generated summary — verify with the full judgment below

OD-31 ITA/9/2019 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA -Versus- M/S. KHAITAN INDIA LIMITED BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI And THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date : 30th 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 counsel for the appellant/Income Tax department and Mr. Avra Majumdar, learned advocate for the respondent/assessee. This appeal relates to assessment year 2009-10. The learned counsel for the respondent/assessee has referred to the assessment order and the appellate order passed by the Commissioner of Income Tax (Appeals) and states that the tax effect involved in the present appeal filed by the Department is much below the monetary limit fixed under the Circular

2 No.17/2019 dated 8th August, 2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, New Delhi and in view thereof, the present appeal deserves to be dismissed. We find that the tax effect is much less than the monetary limit fixed under the aforesaid Circular for filing of the 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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