Research › Search › Judgment

Calcutta High Court · body

2018 DAILYLAW 1101 (CAL)

PRINCIPAL COMMISSIONER OF INCOME TAX -4,KOLKATA v. M/S. DIC INDIA LTD

ITA/134/2018 · 2026-09-15

Rajarshi Bharadwaj, Sudip Deb

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD 3 ORDER SHEET ITA/134/2018 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX - 4, KOLKATA VS M/S. DIC INDIA LTD BEFORE: The Hon’ble JUSTICE RAJARSHI BHARADWAJ AND The Hon’ble JUSTICE SUDIP DEB Date: 15th September, 2026. Appearance: Mr. Prithu Dudhoria, Adv. Mr. Amit Sharma, Adv. . . .for the appellant. Mr. J. P. Khaitan, Sr. Adv. Ms. Swapna Das, Adv. Mr. S. Bhaumik, Adv. .. .for the respondent The Court: Heard learned counsel appearing for the parties. Learned counsel for the appellant submits that the tax effect in this case is Rs.1,63,78,416/- 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 2 dated 05.04.2017 for the Assessment Year 2010-2011. We do not find any reason to entertain 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. Report filed by the Income Tax Department is kept with the records. (RAJARSHI BHARADWAJ, J.) (SUDIP DEB, J.) Sp/