Deputy Commissioner of Income Tax, Circle - 4, Guwahati V. M/s. Burogohain Tea Company Limited, Golaghat

ITA 112/GTY/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0553 (ITAT-GUWAHATI)
• Duration Of Justice: 3 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 01-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

1 ITA NO. 112/GAU/2017 BUROGOHAIN TEA CO. LTD., AY- 2011-12 IN THE INCOME TAX APPELLATE TRIBUNAL GUWAH ATI BENCH, E COURT AT KOLKATA ( ) . . , . , ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] I.T.A. NO. 112/GAU/2017 ASSESSMENT YEAR: 2011-12 DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-4, GUWAHATI VS. BUROGOHAIN TEA CO. LTD. (PAN: AAACB8419P) APPELLANT RESPONDENT DATE OF HEARING 12.06.2020 DATE OF PRONOUNCEMENT 17.06.2020 FOR THE APPELLANT SHRI M. C. OMI NINGSHEN, ADDL. CI T, SR. DR FOR THE RESPONDENT N O N E ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), GUWAHATI-2, GUWAHATI DATED 30.03.2017 FOR AY 2011-1 2. 2. THIS IS THE SECOND ROUND OF APPEAL. IN THE FIR ST ROUND THE TRIBUNAL BY ORDER DATED 19.01.2018 HAD MISTAKENLY NOTED THAT THE TAX EFFECT INVOLVED IN THIS REVENUE APPEAL WAS LESS THAN RS. 10 LACS AND CONSEQUENTLY IT WAS DISMISSED. BY M.A NO. 08/GAU/2018 IT WAS LISTED TODAY I.E. ON 12.06.2020 WHEN WE RECALLED THE ORDER AND FIXED THE APPEAL FOR HEARING AGAIN. 3. WE NOTE THAT THE REVENUE HAS CONTENDED THAT THE TAX EFFECT IN THIS CASE IS RS.23,85,571/-. SO, WE NOTE THAT THIS APPEAL ALSO CANNOT SURVIVE IN THE LIGHT OF THE LATEST CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 WHEREIN T HE TAX EFFECT HAS BEEN RAISED FROM RS. 10 LACS TO RS. 50 LACS, THEREFORE, THIS APPEAL OF THE REVENUE SINCE IT IS HIT BY THE LATEST CIRCULAR (SUPRA), WE ARE INCLINED TO DISMISS THE RE VENUES APPEAL FOR THIS REASON. 3. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISS ED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 17TH JUNE , 2020. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :17TH JUNE, 2020 JD.(SR.P.S.) 2 ITA NO. 112/GAU/2017 BUROGOHAIN TEA CO. LTD., AY- 2011-12 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT DCIT, CIRCLE-4, GUWAHATI 2 RESPONDENT M/S. BUROGOHAIN TEA CO. LTD., GOVIND APUR TEA ESTATE, GOVINDAPUR, LATEKUJAN, GOLAGHAT, PIN-785621. 3. 4. CIT(A)-2, GUWAHATI CIT-, , GUWAHATI 5. DR, ITAT, GUWAHATI. / TRUE COPY, BY ORDER, SENIOR PVT. SECY.