COMMISSIONER OF INCOME TAX(IT & TP), KOLKATA v. SRI HARTAJ SEWA SINGH
ITA/176/2018 · 2026-08-20
Rajarshi Bharadwaj, Sudip Deb
Transfer Petitionbody2018
DailyLaw.ai
[ 2018 DAILYLAW 1094 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2018 DAILYLAW 1094 (CAL) · dailylaw.ai ]
Judgment text
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ORDER SHEET IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE
ITA/176/2018 COMMISSIONER OF INCOME TAX(IT & TP), KOLKATA VS SRI HARTAJ SEWA SINGH
BEFORE:
The Hon’ble JUSTICE RAJARSHI BHARADWAJ AND The Hon’ble JUSTICE SUDIP DEB Date: 20th August, 2026. Appearance: Mr. Prithu Dudhoria, Adv. Mr. Amit Sharma, Adv. …for the appellant
Mr. J.P. Khaitan, Sr. Adv. Mr.S.M. Surana , Adv. …for respondent.
The Court: Learned counsel for the appellant submits that the tax effect in this case is Rs.36,31,656/- which is below the tax limit as prescribed in the CBDT Circular No.9/2024 dated 17th September, 2024 and Circular No.5 of 2024 dated 15th March, 2024 but the case falls within the exceptional category under para 3.1(h) as per CBDT Circular No.5 of 2024 dated 15th March, 2024. We have perused the application, the assessment order, appellate order of the learned Commissioner of Income Tax and the order of the learned Tribunal dated 27th April, 2018 for the Assessment Year 2012-2013. We do not find any reason to entertain
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this appeal where the appellant has not clearly suggested which exceptional clause as read in para 3.1(h) as per CBDT Circular No.5 of 2024 dated 15th March, 2024 is applicable in the present appeal. As such, this appeal is dismissed as the tax effect in this matter is below Rs. 2 crores.
(RAJARSHI BHARADWAJ, J.)
(SUDIP DEB, J.) sd/