ITO, WD-40(1), KOLKATA, Kolkata V. Shankar Vajpayee, Kolkata

ITA 1225/KOL/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9452 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2017
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 22-09-2015
• Court: TRIBUNAL
• Department Lawyers: SNEHANSHU BISWAS
• Assessee Lawyers: AKKAL DUDHWEWALA ACA
• Keywords: Audit objection; Tax effect

Judgement Text

I.T.A. NO. 1225/KOL./2015 ASSESSMENT YEAR: 2007-2008 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1225/KOL/ 2015 ASSESSMENT YEAR : 2007-2008 INCOME TAX OFFICER,................................ .................APPELLANT WARD-40(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 -VS.- SHANKAR VAJPAYEE,.................................. ......................RESPONDENT 13A, P.K. TAGORE STREET, KOLKATA-700 006 [PAN: ABSPV 9344 F] APPEARANCES BY: SHRI SNEHANSHU BISWAS, JCIT, D.R., FOR THE DEPARTME NT SHRI AKKAL DUDHWEWALA, ACA, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : FEBRUARY 06, 2017 DATE OF PRONOUNCING THE ORDER : FEBRUARY 08, 2017 O R D E R PER SHRI J. SUDHAKAR REDDY, A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-12, KOLKATA DA TED 30.07.2015 FOR THE ASSESSMENT YEAR 2007-08. 2. THE ABOVE APPEAL WAS DISMISSED BY THE TRIBUNAL V IDE ITS ORDER DATED 28 TH DECEMBER, 2015 AS THE TAX EFFECT WAS BELOW RS.10 L AKHS. LATTER, THIS ORDER WAS RE-CALLED BY THE TRIBUNAL IN M.A. NO. 58/KOL/2016 VIDE ORDER DATED NOVEMBER 25, 2016, ON THE GROUND T HAT THE CBDT I.T.A. NO. 1225/KOL./2015 ASSESSMENT YEAR: 2007-2008 PAGE 2 OF 3 CIRCULAR IN QUESTION DOES NOT APPLY TO THE CASE, WH ERE THE ADDITION IS MADE BASED ON REVENUE AUDIT OBJECTION, AS IN THE CA SE OF THE ASSESSEE. 3. WHEN THE CASE CAME UP FOR HEARING, THE LD. COUNS EL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPE AL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT FIXED BY THE CBDT V IDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THAT THIS POSITION IS CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVE NUE IN THIS APPEAL. IT WAS SUBMITTED THAT THE CBDT HAS CLARIFIED THAT THE CIRCULAR APPLIES TO ISSUES, WHICH WERE RAISED BY WAY OF AUDIT OBJECTION AND THAT NO EXCEPTION IS MADE. 4. IN CIRCULAR NO. 21/2015 (SUPRA) ISSUED BY THE CB DT, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE T HE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN T O THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED T HAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00, 000/- MAY BE WITHDRAWN/ NOT PRESSED. 5. THE LD. D.R. DID NOT DISPUTE THESE SUBMISSIONS O F THE LD. COUNSEL FOR THE ASSESSEE. 6. KEEPING IN VIEW THE INSTRUCTION GIVEN BY THE CBD T VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICA BLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 8 TH , 2017. SD/- SD/- (S.S. VISWANETHRA RAVI) (J. SUDHAKAR REDDY) JUDICIAL MEMBER AC COUNTANT MEMBER KOLKATA, THE 8 TH DAY OF FEBRUARY, 2017 I.T.A. NO. 1225/KOL./2015 ASSESSMENT YEAR: 2007-2008 PAGE 3 OF 3 COPIES TO : (1) INCOME TAX OFFICER, WARD-40(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 (2) SHRI SHANKAR VAJPAYEE, 13A, P.K. TAGORE STREET, KOLKATA-700 006 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-12, KOLK ATA (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.