PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA vs. HOOGHLY MILLS CO. LTD.
What did the High Court hold?
The High Court dismissed the appeal, finding that the tax effect was below the monetary limit prescribed by the Central Board's circular. Therefore, the Revenue could not prosecute the appeal further.
What were the facts?
The Revenue appealed against an ITAT order concerning assessment years 2006-07 and 2007-08. The appeal was admitted on substantial questions of law related to gratuity deduction and deemed dividend under Section 2(22)(e).
What were the issues?
Whether the Revenue can prosecute an appeal when the tax effect is below the prescribed monetary limit. The substantial questions of law regarding gratuity deduction and deemed dividend were left open.
Which sections of the Income-tax Act were involved?
Section 260A,Section 2(22)(e),Section 2(32)
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Suppl. Od 1. IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE
ITA/58/2018 IA NO: GA/1/2017(Old No:GA/502/2017) PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOLKATA VS HOOGHLY MILLS CO. LTD. BEFORE : THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM -A N D- HON'BLE JUSTICE HIRANMAY BHATTACHARYYA DATE : January 22, 2025. Appearance :
Mr. Smarajit Roychowdhury, Adv. ..for appellant Ms. A. Shukla, Adv. Mr. Aritra Nag, Adv. …for respondent
The Court: - This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 challenging the order dated 8.4.2016 passed by the Income Tax Appellate Tribunal “A” Bench, Kolkata in I.T.A. No. 601/Kol/2011 for the assessment year 2006-07, I.T.A. No. 746/Kol/2011, I.T.A. No. 548/Kol/2011, I.T.A. No. 747/Kol/2011 and I.T.A. No. 598/Kol/2011 for the assessment year 2007-08 respectively. The appeal was admitted on 14.5.2018 on the following substantial questions of law:- i) Whether the gratuity payable by an assessee to its employees who have retired during the previous year can be allowed as a deduction without any provision in the books of accounts? In ITAT No. 358 of 2016 two further questions arise of substantial importance:
2 i) Whether deemed dividend under Section 2(22)(e) of the Income Tax Act, 1961 can be taxed only in the hands of the registered shareholder? ii) Whether the assessee is a company in which shareholders of the lenders have a substantial interest within the meaning of Section 2(22)(e) read with Section 2(32) of the Income Tax Act, 1961?” It is submitted by the learned Advocate for the respondent/assessee that the revenue cannot prosecute this appeal as the tax effect is below the monetary limit, prescribed in the Circular issued by the Central Board. As could be seen from paragraph 18 of the Memorandum of Appeal that the tax effect for 2006-07 as well as for the assessment year 2007-08 are well below the monetary limit fixed by the Central Board. Hence, the revenue cannot pursue the appeal any further. Accordingly, the appeal stands dismissed and the substantial questions of law as suggested by the revenue are left open. Consequently, connected applications stand also closed.
. (T.S. SIVAGNANAM) CHIEF JUSTICE
(HIRANMAY BHATTACHARYYA, J.) pkd/GH.
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