ITO(TDS),Wd-58(4),Kolkata, Kolkata V. Next Generation infotainment(P)Ltd, Kolkata

ITA 1295/KOL/2012

• Counselvise Citation: 129523514 RSA 2012
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: misc
• Appeal Filed On: 10-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K CHAKRABORTY
• Keywords: Tax effect

Judgement Text

I.T.A. NO.: 1295/KOL./2012 ASSESSMENT YEAR : 2010-11 & ITA NO. 213/KOL/2013 ASSESSMENT Y EAR : 2011-2012 PAGE 1 TO 2 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA CORAM : SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) I.T.A. NO.: 1295/KOL./ 2012 ASSESSMENT YEAR : 2010-2011 & I.T.A. NO.: 213/KOL./ 2013 ASSESSMENT YEAR : 2011-2012 INCOME TAX OFFICER (TDS),...................,...... .........APPELLANT WARD-58(4), KOLKATA, 10B, MIDDLETON ROW, 8 TH FLOOR, KOLKATA-700 071 -VS.- NEXT GENERATION INFOTAINMENT (P) LTD,.............. .............RESPONDENT 17, PARK LANE, GROUND FLOOR, KOLKATA-700 017 APPEARANCES BY: SHRI P.K. CHAKRABORTY, JCIT, SR. D.R., FOR THE DEPA RTMENT SHRI SUNIL SURANA, A.R. FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : DECEMBER 24, 2013 DATE OF PRONOUNCING THE ORDER : DECEMBER 24, 2013 O R D E R PER SHAMIM YAHYA: 1. THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINS T THE RESPECTIVE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS)- I, KOLKATA BOTH DATED 14.06.2012 FOR THE ASSESSMENT YEAR 2010-11 & 2011-1 2. 2. AT THE THRESHOLD, IT IS NOTED THAT THERE IS A DE LAY IN FILING THE APPEAL FOR ASSESSMENT YEAR 2011-12 IN ITA NO. 213/KOL/2013 BY 142 DAYS. A CONDONATION PETITION HAS BEEN FILED BY THE REVENUE IN THIS REGARD. IT HAS BEEN SUBMITTED THAT REVENUE HAS ERRONEOUSLY FILED O NE APPEAL AGAINST THE ORDER OF LD. CIT(APPEALS) FOR ASSESSMENT YEARS 2010 -11 & 2011-12. LATER ON, REVENUE WAS INFORMED THAT SEPARATE APPEALS WERE REQUIRED TO BE I.T.A. NO.: 1295/KOL./2012 ASSESSMENT YEAR : 2010-11 & ITA NO. 213/KOL/2013 ASSESSMENT Y EAR : 2011-2012 PAGE 1 TO 2 2 FILED. THIS LED TO THE DELAY IN FILING OF APPEAL. A CCORDINGLY, IT HAS BEEN PRAYED THAT THE SAME MAY KINDLY BE CONDONED. 3. WE HAVE HEARD THE LD. COUNSELS AND PERUSED THE R ECORDS. IN OUR CONSIDERED OPINION, THE DELAY IN FILING THE APPEAL IN THIS REGARD IS LIABLE TO BE CONDONED. ACCORDINGLY, WE CONDONE THE SAME. 4. FROM THE RECORD, WE FIND THAT TAX EFFECT INVOLVE D IN BOTH THE CASES IS BELOW THE TAXABLE LIMIT FIXED BY THE CBDT FOR FI LING APPEAL BEFORE THE ITAT. FOR ASSESSMENT YEAR 2010-11, TOTAL AMOUNT PAY ABLE WAS RS.98,388/- AND FOR ASSESSMENT YEAR 2011-12 TOTAL A MOUNT PAYABLE WAS RS.2,72,236/-. IN THIS VIEW OF THE MATTER, TAX EFFE CT IN BOTH THE YEARS IS LESS THAN RS.3 LAKHS. HENCE, IN OUR CONSIDERED OPIN ION, THE APPEALS ARE IN CONTRAVENTION OF THE CBDT CIRCULAR AND ARE NOT LIAB LE TO BE FILED. ACCORDINGLY, WE DISMISS THESE APPEALS FILED BY THE REVENUE ON ACCOUNT OF TAX EFFECT. WE FURTHER FIND THAT ON MERITS ALSO, THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION DATED 24.12.2013 OF TH IS TRIBUNAL IN ITA NO. 1297/KOL/2012 & 276/KOL/2013 IN THE CASE OF ITO VS .- SRISTI TELEVISION. 5. IN THE RESULT, BOTH THE APPEALS FILED BY REVENUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH DAY OF DECEMBER, 2013. SD/- SD/- MAHAVIR SINGH SHAMIM YAHYA (JUDICIAL MEMBER) (ACC OUNTANT MEMBER) KOLKATA, THE 24 TH DAY OF DECEMBER, 2013 COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.