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Calcutta High Court

Principal Commissioner Of Income Tax-2 vs Lokenath Saraf Securities Pvt. Ltd on 12 December, 2019

Author: Arijit Banerjee

Bench: Arijit Banerjee

ORDER SHEET

                         IN THE HIGH COURT AT CALCUTTA
                                Special Jurisdiction
                                   [Income Tax]
                                  ORIGINAL SIDE

                               ITAT 289 of 2017
                               GA 2673 of 2017
                               GA 2674 of 2017
               PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA
                                    Versus
                      LOKENATH SARAF SECURITIES PVT. LTD.


     BEFORE:

     The Hon'ble CHIEF JUSTICE THOTTATHIL B. RADHAKRISHNAN
                         And
     The Hon'ble JUSTICE ARIJIT BANERJEE

     Date : 12th December, 2019.
                                                                   Mr. Pranit Bag, Adv.
                                                           Mr. Soumyadeep Biswas, Adv.
                                                                       ..for Respondent

The Court : This appeal under the Income Tax Act, 1961 is filed by the department.

It is seen that this appeal does not deserve to be further prosecuted having regard to the policy decision of the department which does not call for continued prosecution of the matter the value of which is below Rs.1 crore. This position is acceded to on behalf of the department.

We do not see any reason to retain this appeal and we dismiss the same along with the connected applications leaving open the questions of law raised.

(THOTTATHIL B. RADHAKRISHNAN, CJ.) (ARIJIT BANERJEE, J.) sm