D.C.I.T Cir - 4,kolkata, Kolkata V. M/s Asiatic Gases Ltd, Kolkata

ITA 1102/KOL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5008 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-04-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 07-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA [BEFORE SHRI P.M.JAGTAP, AM & SHRI S.S.VISWANETHRA RAVI, JM ] ITA NO. 1102/KOL/2013 : ASSESSMENT YEAR : 20 09-10 DCIT, CIRCLE-4, KOLKATA VS M/S. ASIATIC GASES LTD. PAN : AACCA 4768Q (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SANJAY MUKHERJEE, JCIT , SR.DR FOR THE RESPONDENT : SHRI ANIL KOCHAR, ADVOCATE DATE OF HEARING : 26.04.2016 DATE OF PRONOUNCEMENT : 26.04.2016 ORDER PER SHRI S.S.VISWANETHRA RAVI, JM THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 27.02.2013 PASSED BY THE CIT(APPEALS)-IV, KOL KATA IN APPEAL NO.113/CIT(A)-IV/2011-12 FOR THE ASSESSMENT YEAR 2009- 10 FRAMED UNDER SECTION 143(3) OF THE I.T.ACT. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSES SEE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THESE APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10TH DECEMBER,2015 A T RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. ITA NO. 1102/KOL/2013 M/S. ASIATIC GASES LTD.. 2 IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED 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 A S CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLI CABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPE ALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE W ITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY T HE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQU ARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND D ISMISSED ACCORDINGLY. 3. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.04.2016 SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26 /04/2016 TALUKDAR (SR.PS) COPY OF THE ORDER FORWARDED TO: 1. M/S. ASIATIC GASES LTD., 8, B.B.D. BAG, KOLKATA 700 001 2 DCIT , CIRCLE-4, KOLKATA. 3. THE CIT-I, KOLKATA, 4. THE C IT(A)-I, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES ITA NO. 1102/KOL/2013 M/S. ASIATIC GASES LTD.. 3