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Calcutta High Court

Principal Commissioner Of Income Tax-4 vs Hindustan Gum & Chemical Ltd on 8 February, 2021

Author: Rajesh Bindal

Bench: Rajesh Bindal

                                                     Serial No. OD - 12


                  HIGH COURT AT CALCUTTA
                       (ORIGINAL SIDE)


                                                       ITAT/311/2017
                               IA No: GA/1/2017(Old No:GA/2861/2017)

                                           (Through Video Conferencing)


PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA

                                                   .............Appellant(s)


                                Through : Mr. P.K. Bhowmick, Advocate

                                  v/s

HINDUSTAN GUM & CHEMICAL LTD.
                                                  .............Respondent(s)


                        Through : Mr. J.P. Khaitan, Senior Advocate with
                                  Mr. Sanjay Bhaumik, Advocate (VC)
                                  Ms. Swapna Das,
                                  Mr. Siddharth Das, Advocates



Coram : HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE

      HON'BLE MR. JUSTICE ANIRUDDHA ROY, JUDGE



                            ORDER

1. The present appeal has been filed impugning the order dated March 8, 2017 passed by the Income Tax Tribunal "B" Bench, Kolkata in ITA Nos.462 and 752 Kol. of 2014 for the assessment years 2008-

09.

2. Learned counsel for the appellant pointed out that in paragraph 3 of the stay application, it has been mentioned that the tax effect in the 2 appeal is ₹82,32,966/-. 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 Board of Direct Taxes, Judicial Section dated August 8, 2019, he may be permitted to withdraw the present appeal.

3. In view of the facts as stated above, the present appeal is dismissed as withdrawn, while keeping open the legal issues raised therein.

KOLKATA                    (ANIRUDDHA ROY)             (RAJESH BINDAL)
08.02.2021                          JUDGE                       JUDGE
SN/TO.