D.C.I.T Cir - 49,kolkata, Kolkata V. Shri Gouranga Modak, Kolkata

ITA 1299/KOL/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3101 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 16-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJOY MUKHERJEE
• Assessee Lawyers: VARSHA JALAN
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1299/KOL./2013 ASSESSMENT YEAR: 2009-2010 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1299/KOL/ 2013 ASSESSMENT YEAR: 2009-2010 DEPUTY COMMISSIONER OF INCOME TAX,................. ................APPELLANT CIRCLE-49, KOLKATA, UTTARAPAN COMPLEX, BLOCK-DS-2 & 3, 2 ND FLOOR, MANICKTALA CIVIC CENTRE, KOLKATA-700 054 -VS.- SHRI GOURANGA MODAK, .............................. ..........................RESPONDENT BA-15/10B, DESHBANDHUNAGAR, P.O. BAGUIATI, KOLKATA-700 059 [PAN : AEYPM 4957 N] APPEARANCES BY: SHRI SANJOY MUKHERJEE, JCIT, SR. D.R., FOR THE DEPARTMENT MISS VARSHA JALAN, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : FEBRUARY 08, 2016 DATE OF PRONOUNCING THE ORDER : FEBRUARY 08, 2016 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXII, KOLKATA DATED 15.03.2013 FOR THE ASSESSMENT YEAR 2009-10. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE I S LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRC ULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE AP PEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEAR LY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY I SSUED BY THE CBDT, THE I.T.A. NO. 1299/KOL./2013 ASSESSMENT YEAR: 2009-2010 PAGE 2 OF 2 MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFI ED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVE LY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF R S.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUC TION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WH ICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMIS SED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 08, 2016. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 8 TH DAY OF FEBRUARY, 2016 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-49, KOLKATA, UTTARAPAN COMPLEX, BLOCK-DS-2 & 3, 2 ND FLOOR, MANICKTALA CIVIC CENTRE, KOLKATA-700 054 (2) SHRI GOURANGA MODAK, BA-15/10B, DESHBANDHUNAGAR, P.O. BAGUIATI, KOLKATA-700 059 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XXXII, KO LKATA (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.