I.T.O Wd-55(1), Kolkata, Kolkata V. Dr. Sudhir Kumar Ghosh, Kolkata

ITA 1034/KOL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5100 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 02-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SITAL CHANDRA DAS
• Assessee Lawyers: SOUMITRA CHOW DHURY
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1034/KOL./2013 ASSESSMENT YEAR: 2008-2009 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1034/KOL/ 2013 ASSESSMENT YEAR: 2008-2009 INCOME TAX OFFICER,................................ ...............................APPELLANT WARD-55(1), KOLKATA, 54/1, RAFI AHMED KIDWAI ROAD, KOLKATA-700 016 -VS.- DR. SUDHIR KUMAR GHOSH,............................ .......................RESPONDENT 2, NYAYRATNA LANE, SHYAMBAZAR, KOLKATA-700 004 [PAN : ADVPG 0017 B] APPEARANCES BY: SHRI SITAL CHANDRA DAS, JCIT, SR. D.R., FOR THE DEPARTMENT SHRI SOUMITRA CHOWDHURY, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : FEBRUARY 23, 2016 DATE OF PRONOUNCING THE ORDER : FEBRUARY 23, 2016 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, KOLKATA DATED 18.02.2013 FOR THE ASSESSMENT YEAR 2008-09. 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 I.T.A. NO. 1034/KOL./2013 ASSESSMENT YEAR: 2008-2009 PAGE 2 OF 2 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. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 23, 2016. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 23 RD DAY OF FEBRUARY, 2016 COPIES TO : (1) INCOME TAX OFFICER, WARD-55(1), KOLKATA, 54/1, RAFI AHMED KIDWAI ROAD, KOLKATA-700 016 (2) DR. SUDHIR KUMAR GHOSH, 2, NYAYRATNA LANE, SHYAMBAZAR, KOLKATA-700 004 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XXXVI, KO LKATA (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.