ORDER SHEET GA NO.790 OF 2010 ITAT NO.5 OF 2010 IN HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, CENTRAL-II, KOLKATA Versus M/S. HOOGHLY FLOUR MILLS CO. LTD. BEFORE: Hon'ble JUSTICE ANIRUDDHA BOSE Hon'ble JUSTICE ARINDAM SINHA Date : 15th June, 2017. MR.M.P.AGARWAL,ADVOCATE FOR APPELLANT Court : Revenue seeks to appeal against order of Tribunal on following questions of law. (i) Whether on facts and in circumstances of case, Income-tax Appellate Tribunal is correct in holding that capital gains of Rs.17,12,240/- arising on execution of development agreement on 8.1.2004 would not be liable to tax this year in view of fact that assessee itself had offered amount in subsequent year on receipt basis while, in fact, it would be assessable in year of execution of development agreement ? (ii) Whether on facts and in circumstances of case, Income-tax Appellate Tribunal is correct in deleting 2 disallowance of expenditure of Rs.4,23,454/- as capital expenditure, held by Assessing Officer to constitute part and parcel of work-in-progress, as assessee had stopped its business permanently long back and expenditure pertained to development of property ? Admitted position is that tax effect of this appeal is below Rs.20 lakhs. This also appears from computation appearing from order of A.C.I.T Central Circle-XVI/Kol. It is not case of Mr.Agarwal that this appeal comes within any of exceptions provided in CBDT Circular bearing No. F No.279/Mis.142/2007-ITJ (Pt) [ Circular No.21/2015 dated 10th December, 2015]. In such circumstances, we dismiss appeal upon condoning delay. In view of dismissal of appeal itself, connected application being GA No.791 of 2010 is also dismissed treating same as on day s list. (ANIRUDDHA BOSE, J.) (ARINDAM SINHA, J.) sb. Commissioner of Income-tax, Central-II, Kolkata v. Hooghly Flour Mills Co. Ltd