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Calcutta High Court

Principal Commissioner Of Income Tax-2 vs M/S. Lokenath Saraf Securities 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 307 of 2017
                                GA 2837 of 2017
                                GA 2838 of 2017
               PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA
                                     Versus
                      M/S. LOKENATH SARAF SECURITIES LTD.


     BEFORE:

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

     Date : 12th December, 2019.
                                                               Mr. S. N. Chatterjee, Adv.,
                                                 Mr. Debanshu Ghoria, Adv. ..for Appellant
                                                                    Mr. Pramit 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