JCIT, (OSD), CIR-2(1), KOLKATA, Kolkata V. M/s Asyst Software Pvt. Ltd., Kolkata

ITA 1118/KOL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0585 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 23-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Assessee Lawyers: DILIP LOYALKA
• Keywords: Tax effect

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D KOLKATA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.1118/KOL/2016 ASSESSMENT YEAR:2008-09 JCIT(SD) CIR-2(1), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-69 / V/S . M/S ASYST SOFTWARE PVT. LTD. GN-37/1 SECTOR-V, SALT LAKE, KOLKATA-91 [ PAN NO.AADCA 8516 D ] /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI ARINDAM BHATTACHARJEE, ADDL. CIT-DR /BY RESPONDENT SHRI DILIP LOYALKA, FCA /DATE OF HEARING 07-12-2017 /DATE OF PRONOUNCEMENT 15-12-2017 /O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-23, KOLKATA DATED 01.03.2016 AND PERT AINS TO ASSESSMENT YEAR 2008-09. 2. AT THE TIME OF HEARING LD. AR FOR THE ASSESSEE BEFORE US SUBMITTED THAT THE PRESENT APPEAL RELATES TO LOW TAX EFFECT IN VIEW OF CBDT VIDE CIRCULAR NO. 21 OF 2015 AND FILED A CHART SHOWING THE DISPUTED AMOUNT OF TA X AS REPRODUCED BELOW:- 2. THE TOTAL TAX EFFECT OF THIS APPEAL FILED BY TH E JCIT(OSD), CIR2(1) O 232.05.2016 IS RS.9,08,349/- ONLY. THE DETAILED COM PUTATION OF TAX EFFECT IS AS UNDER:- CALCULATION OF TAX EFFECT PARTICULARS AS PER RETURN AS PER ASSESSMENT ORDER DIFFERENCE TOTAL TAXABLE INCOME 3,17,26,700 3,43,99,100 26,72, 400 ITA NO.1118/K/2016 A.Y 20 08-09 JCIT(OSD), CIR-2(1), KOL. VS. M/S ASYST SOFT WARE PVT. LTD. PAGE 2 TOTAL TAX ON TABLE INCOME 1,07,83,905 1,16,92,254 9,08,349 WE NOTE THAT THE TAX EFFECT IN THIS CASE FILED BY T HE ASSESSEE IS BELOW THE LIMIT OF RS. 10,00,000/- WHICH FIXED BY THE CBDT VIDE CIRCULAR N O.21 OF 2015, DATED 10.12.2015, FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. THERE A RE CERTAIN EXCEPTIONS CARVED OUT IN THE SAID CIRCULAR BUT LD. DR COULD NOT POINT OUT TH AT THIS APPEAL FALLS UNDER ANY OF THE EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. THE LD. DR ALSO DID NOT POINT OUT ANY DEFECT IN THE SUBMISSION OF ASSESSEE. IN THESE CIRC UMSTANCES, THIS APPEAL FILED BY THE ASSESSEE STANDS DISMISSED IN LIMINE ON ACCOUNT OF LOW TAX EFFECT. 3. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED IN LIMINE . ORDER PRONOUNCED IN OPEN COURT ON 15/12/2017 SD/- SD/- ( % ') ( ') (S.S.VISWANETHRA RAVI) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER *DKP, SR.P.S ) - 15/12/2017 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-JCIT(OSD), CIR-2(1), AAYAKR BHAWAN, P-7, CHOWRINGHEE SQUARE, 7 TH FLOOR, KOLKATA-69 2. /RESPONDENT-M/S ASYST SOFTWARE PVT. LTD. GN-37/1, S ECTOR-V, SALT LAKE KOLKATA-91 3. , - / CONCERNED CIT 4. - - / CIT (A) 5. . %%, , , / DR, ITAT, KOLKATA 6. 2 / GUARD FILE. /TRUE COPY/ BY ORDER/ , SR. PRIVATE SECRETARY HEAD OF OFFICE/DDO ,,