ITO, Ward - 46(1), Kolkata, Kolkata V. Md. Aktar Mollah, Howrah

ITA 1324/KOL/2010

• Counselvise Citation: 132423514 RSA 2010
• Duration Of Justice: 5 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-08-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 24-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K TRIPATHY
• Assessee Lawyers: SOMNATH NASKAR
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1324/KOL./2010 ASSESSMENT YEAR: 2002-2003 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1324/KOL/ 2010 ASSESSMENT YEAR: 2002-2003 INCOME TAX OFFICER,................................ ........................APPELLANT WARD-46(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 -VS.- MD. AKTAR MOLLAH,.................................. ........................RESPONDENT VILL. NORTH PANCHLA, P.S. PANCHLA, HOWRAH-711 322 [PAN : AILPM 7541 B] APPEARANCES BY: SHRI K.K. TRIPATHY, JCIT, SR. D.R., FOR THE DEPARTMENT SHRI SOMNATH NASKAR, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : DECEMBER 17, 2015 DATE OF PRONOUNCING THE ORDER : DECEMBER 17, 2015 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)-XXX, KOLKATA D ATED 08.04.2010 FOR THE ASSESSMENT YEAR 2002-03, WHEREBY HE DELETED THE ADDITIONS OF RS.9,57,291/- AND RS.1,47,342/- MADE BY THE ASSESSI NG OFFICER TO THE TOTAL INCOME OF THE ASSESSEE ON ACCOUNT OF UNDISCLO SED INCOME AND UNEXPLAINED MONEY RESPECTIVELY. 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. 1324/KOL./2010 ASSESSMENT YEAR: 2002-2003 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 DECEMBER 17, 2015. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 17 TH DAY OF DECEMBER, 2015 COPIES TO : (1) INCOME TAX OFFICER, WARD-46(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 (2) MD. AKTAR MOLLAH, VILL. NORTH PANCHLA, P.S. PANCHLA, HOWRAH-711 322 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XXX, 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.