DCIT, CC-XI, KOLKATA, Kolkata V. M/s Himalaya Granites Pvt. Ltd., Kolkata

ITA 1282/KOL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4243 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 15-09-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 05-06-2014
• Court: TRIBUNAL
• Department Lawyers: RAJAT KUMAR KUREEL
• Assessee Lawyers: SHIKHA AGARWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C, BENC H KOLKATA BEFORE SHRI N.V.VASUDEVAN, JM & DR. A.L.SAINI, AM ./ ITA NO.1282/KOL/2014 ( / ASSESSMENT YEAR:2005-2006) DCIT, CENTRAL CIRCLE-XI, KOLKATA-700107 VS. M/S HIMALAYA GRANITES PVT. LTD. 16A, SHAKESPEARE SARANI, KOLKATA-700071 ./ ./PAN/GIR NO. : AAACH 5121 L ( /APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI RAJAT KUMAR KUREEL, JCIT /ASSESSEE BY : MS. SHIKHA AGARWAL, AR / DATE OF HEARING : 24/11/2016 /DATE OF PRONOUNCEMENT 30/11/2016 / O R D E R PER DR. ARJUN LAL SAINI, AM: THE CAPTIONED APPEAL FILED BY THE REVENUE, PERTAINI NG TO THE ASSESSMENT YEAR 2005-2006, IS DIRECTED AGAINST AN O RDER PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-III, KOLKATA I N APPEAL NO.107/CC- II/CIT(A)C-III/2007-08/KOLKATA, DATED 07.04.2014, W HICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER (AO) UN DER SECTION.143(3) OF THE INCOME TAX ACT 1961, (IN SHORT THE ACT), DATE D 31.12.2007. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFE CT IN THE APPEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SA ME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, D ATED 10 TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BE EN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE ITA NO.1282/14 M/S HIMALAYA GRANITES PVT. LTD. 2 THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMI SSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PEN DING APPEALS ALSO. 3. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND TH AT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT I N THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 /11/2016. SD/ - (N.V.VASUDEVAN) SD/ - (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA ; $% DATED 30/11/2016 & ()* /PRAKASH MISHRA , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) & ' , / ITAT, 1. / THE APPELLANT-DCIT,CC-XI, KOLKATA 2. / THE RESPONDENT.-M/S HIMALAYA GRANITES PVT. LTD 3. 4 ( ) / THE CIT(A), KOLKATA. 4. 4 / CIT 5. 56 7 8 , 8 , / DR, ITAT, KOLKATA 6. 7 9 / GUARD FILE. 5 //TRUE COPY//