ITO, WD-10(3), KOLKATA, Kolkata V. M/s C & E Ltd., Kolkata

ITA 1012/KOL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4523 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 15-07-2015
• Court: TRIBUNAL
• Department Lawyers: AMITABH BHATTACHARYA
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1012/KOL./2015 ASSESSMENT YEAR: 2008-2009 & C.O. 40/KOL/2015 (ARISING OUT OF ITA NO. 1012/KOL/2015) ASSESSMENT YEAR: 2008-2009 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 1012 /KOL/ 2015 ASSESSMENT YEAR: 2008-2009 INCOME TAX OFFICER,................................ ..................................APPELLANT WARD-10(3), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- M/S. C & E LIMITED,................................ ..................................RESPONDENT 95, PARK STREET, 2 ND FLOOR, KOLKATA-700 016 [PAN: AACCC 5418 K] & C.O. NO. 40/KOL/2015 (ARISING OUT OF I.T.A. NO. 1012/KOL/2015) ASSESSMENT YEAR: 2008-2009 M/S. C & E LIMITED,................................ ................................CROSS OBJECTOR 95, PARK STREET, 2 ND FLOOR, KOLKATA-700 016 [PAN: AACCC 5418 K] -VS.- INCOME TAX OFFICER,................................ ..................................RESPONDENT WARD-10(3), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI AMITABH BHATTACHARYA, JCIT, D.R., FOR THE DEPARTMENT SHRI SRIKUMAR BANERJEE, A.R., FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JULY 27, 2016 DATE OF PRONOUNCING THE ORDER : JULY 27, 2016 O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-9, KOLKATA DAT ED 27.03.2015 AND I.T.A. NO. 1012/KOL./2015 ASSESSMENT YEAR: 2008-2009 & C.O. 40/KOL/2015 (ARISING OUT OF ITA NO. 1012/KOL/2015) ASSESSMENT YEAR: 2008-2009 PAGE 2 OF 3 THE SAME IS BEING DISPOSED OF ALONG WITH THE CROSS OBJECTION FILED BY THE ASSESSEE BEING C.O. NO. 40/KOL/2015. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE I S LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRC ULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE AP PEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEAR LY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY I SSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFI ED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVE LY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF R S.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUC TION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WH ICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMIS SED ACCORDINGLY. 3. AS AGREED BY THE LD. REPRESENTATIVE OF THE ASSES SEE, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTU OUS AS A RESULT OF DISMISSAL OF THE CORRESPONDING APPEAL OF THE REVENU E. ACCORDINGLY, THIS CROSS OBJECTION FILED BY THE ASSESSEE IS ALSO DISMI SSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 27, 2016 . SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 27 TH DAY OF JULY, 2016 I.T.A. NO. 1012/KOL./2015 ASSESSMENT YEAR: 2008-2009 & C.O. 40/KOL/2015 (ARISING OUT OF ITA NO. 1012/KOL/2015) ASSESSMENT YEAR: 2008-2009 PAGE 3 OF 3 COPIES TO : (1) INCOME TAX OFFICER, WARD-10(3), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (2) M/S. C & E LIMITED, 95, PARK STREET, 2 ND FLOOR, KOLKATA-700 016 (3) COMMISSIONER OF INCOME TAX (APPEALS)-9, KOLKAT A, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.