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TMI Blog2022 (3) TMI 1549X X X X Extracts X X X X X X X X Extracts X X X X ..... tax liability in so far as the disallowance of payment of Provident Fund and ESI is far below the threshold limit in both the assessment years which would prevent the appellant/Department from pursuing this appeal. However, taking note of the fact that similar substantial question of law has already been admitted in other cases, we leave this question of law open to be decided in an appropriate c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2017 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata (in short the Tribunal ) in ITA Nos. 152 and 153/Kol/2014 for the assessment years 2010-11 and 2011-12. 2. The revenue has raised the following substantial question of law for consideration: i) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal, C Bench, Kolkata has err ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while as per Rule 8D, those investments are also to be taken income from which shall not form part of the total income ? 3. We have heard Mr. Debasish Chaudhuri, learned standing counsel appearing for the appellant/revenue. 4. The second substantial question of law framed for consideration is with regard to disallowance under Section 14A of the Act read with Rule 8D of the Income Tax Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no.2 is rejected. 6. So far as the first substantial question of law is concerned, we note that identical issue has been entertained by this Court in other appeals filed by the revenue and appeals have been admitted as well. However, in the instant case, we find the tax liability in so far as the disallowance of payment of Provident Fund and ESI is far below the threshold limit in both the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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