PRINCIPAL COMM OF INCOME TAX CENTRAL 1, KOLKATA vs. M/S BASIL INTERNATINAL LTD

The appeal stands disposed of on the low tax effect and the

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Supratim Bhattacharya Date : September 5, 2022. Appearance: Mr. Soumen Bhattacharjee, Adv. … For Appellant Ga/1/2018(Ga/200/2018) The Court : We Have Heard Mr. Soumen Bhattacharjee, Learned Standing Counsel Appearing For The Appellant. There Is A Delay Of 523 Days In Filing This Appeal. Though Notice Has Not Been Served On The Respondent Assessee, The Learned Standing Counsel Has Reported That The Case Will Not Be Pursued By The Department On Account Of The Low Tax Effect, We Exercise Discretion & Condone The Delay In Filing The Appeal. Accordingly, The Application Is Allowed.

condone the delay in filing the appeal. Accordingly, the application is allowed. ITAT/13/2018 This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act for brevity) is directed against the common order dated 24th Februar7y, 2016 2 passed by the Income Tax Appellate Tribunal “A” Bench, Kolkata (the Tribunal

PRINCIPAL COMMISSIONER OF INCOME TAX 5 KOLKATA vs. PREMIER TIE UP PVT LTD

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

block special resolutions of a company cannot amount to control. “Control” here, as contrasted with “management”, means de facto control of actual management or policy decisions that can be or are in fact taken. A judgment of the Securities Appellate Tribunal in Subhkam Ventures (I) (P) Ltd. v. SEBI [Subhkam Ventures (I) (P) Ltd. v. SEBI, 2010 SCC OnLine