M/s. Prakash Ply Exim Pvt. Ltd., Kolkata V. ACIT, C.C.-3(3), Kolkata, Kolkata

CO 111/KOL/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7480 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 14-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AND CROSS OBJECTION FILED
• Assessee Lawyers: AGAINST
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER & SH.S.S.VISWANETHRA RAVI, JUDICIAL MEMBER IT(SS)A NO.96/KOL/2017 (ASSESSMENT YEAR-2010-11) C.O.NO.-111/KOL/2017 [IN IT(SS)A NO.-96/KOL/2017] (ASSESSMENT YEAR-2010-11) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE REVENUE AND CROSS-OBJECTION FILED BY THE ASSESSEE AGAINST THE ORDER DATED 29.05.2017 PASSED BY CIT(A)-21, KOLKATA FOR AY 2010-11. FIRST WE TAKE UP IT(SS)A NO.96/KOL/2017. IT(SS)A NO.96/KOL/2017 (ASSESSMENT YEAR-2010-11) 2. IN THE RELEVANT APPEAL, THE UNDISPUTED FACT IS THAT THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20,00,000/-, FIXED BY THE CBDT CIRCULAR NO.3/2018, F.NO.0279/MISC.142/2007-ITJ(PT), DATED 11 TH JULY, 2018. ACIT, CENTRAL CIRCLE-3(3), KOLKATA-700107. VS M/S. PRAKASH PLY EXIM PVT.LTD., 67/10, STRAND ROAD, KOLKATA-700006. PAN-AAECP0837D (APPELLANT) (RESPONDENT) M/S. PRAKASH PLY EXIM PVT.LTD., 67/10, STRAND ROAD, KOLKATA-700006. PAN-AAECP0837D VS DCIT, CENTRAL CIRCLE-3(3), KOLKATA-700107. (APPELLANT) (RESPONDENT) APPELLANT BY SH. A.K.KEDIA, CIT DR RESPONDENT BY SH. S.M.SURANA, ADV. DATE OF HEARING 04.02.2019 DATE OF PRONOUNCEMENT 30.04.2019 C.O.NO.-111/KOL/2017 & IT(SS)A NO.-96/KOL/2017 (ASSESSMENT YEAR-2010-11) PAGE | 2 3. AS MANDATED BY THIS ABOVE REFERRED CIRCULAR NO.3/2018, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. C.O.NO.-111/KOL/2017 [IN IT(SS)A NO.-96/KOL/2017] 4. THE LD.AR SUBMITTED T HAT THE CROSS-OBJECTION FILED BY THE ASSESSEE MAY BE DISMISSED AS NOT PRESSED. ACCORDINGLY THE CROSS-OBJECTION IS DISMISSED AS NOT PRESSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE AND CROSS-OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.04.2019. SD/- SD/- (J.SUDHAKAR REDDY) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ DATE:- 30.04.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- ACIT, CENTRAL CIRCLE-3(3), KOLKATA-700107. 2. RESPONDENT- M/S. PRAKASH PLY EXIM PVT.LTD., 67/10, STRAND ROAD, KOLKATA-700006. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES BY ORDER AR/H.O.O ITAT, KOLKATA