Citation : 2026 Latest Caselaw 2034 Cal/2
Judgement Date : 18 March, 2026
1
OD - 26
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction [Income Tax]
ORIGINAL SIDE
ITAT/250/2025
IA NO: GA/1/2026, GA/2/2026
PRINCIPAL COMMISSIONER OF INCOME TAX 1 KOLKATA
VS
VASA COMMERCIAL PVT LTD
BEFORE :
THE HON'BLE JUSTICE RAJARSHI BHARADWAJ
And
THE HON'BLE JUSTICE UDAY KUMAR
Date : 18th March, 2026
Appearance :
Mr. Prithu Dudheria, Adv.
...for appellant.
Mr. Subash Agarwal, Adv. (VC)
...for respondent.
The Court : There is a delay of 42 days in filing the appeal. We are satisfied with
the explanation offered for not preferring the appeal within time. Therefore, the delay is
condoned. The application is allowed.
IA No.GA/1/2026 is disposed of.
Learned counsel appearing for the appellant submits that the tax effect in the
instant appeal is Rs.10,60,150/- for the Assessment Year 2012-13. Although the tax effect
in the instant case is less than the prescribed limit of CBDT Circular but the instant case
falls under the exceptional clause (h) of Para No.3.1 of the CBDT's latest Circular
No.05/2024 dated 15.03.2024.
Perused the application and the impugned order of assessment as well as the
Tribunal's order dated 17th March, 2025. We do not find any application of the
exceptional clause which may merit for consideration of the matter which is below the
monetary limit as prescribed in the Circular No.05/2024 dated 15.3.2024.
Thus, the appeal and the application [GA/2/2026] stand dismissed.
(RAJARSHI BHARADWAJ, J.)
(UDAY KUMAR, J.) sd/
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