DCIT, Ranchi V. Smt Bharti Kumari Choudhary, Ranchi

ITA 133/RAN/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0042 (ITAT-RANCHI)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2016
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 10-09-2015
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ORAN
• Assessee Lawyers: M K CHOUDHURY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI SMC BENCH, RANCHI BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER ITA NO.133/RAN/2015 ASSESSMENT YEAR :2007-08 DCIT, CIRCLE-1, 4 TH FLOOR, ANNEXE BUILDING, 5A MAIN ROAD, RANCHI-834 001 V S SMT. BHARTI KUMARI CHOUDHARY, WHITE HOUSE, NR. LALA LAJPAT RAI SECONDARY SCHOOL, PUNDAG, RANCHI PAN/GIR NO. : ADGPC 2264F (APPELLANT ) .. (RESPONDENT) APPELLANT BY : CHOUDHARY ORAN, DR RESPONDENT BY : SHRI M.K.CHOUDHURY, AR DATE OF HEARING : 05-09-2016 DATE OF PRONOUNCEMENT : 05.09.2016 O R D E R THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER DATED 1.06.2015 OF COMMISSIONER OF INCOME-TAX (APPEALS) R ANCHI (JHARKHAND) RELATING TO ASSESSMENT YEAR 2007-08. 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 IS LESS THAN THE REVISED MONETARY LIMIT REC ENTLY FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 1 0 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APP EAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION C LEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN T HIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRC ULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MO NETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE 2 ITA NO.133/RAN/2015 AY:2007-08 TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND A S CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY L IMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PEND ING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUC H PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00, 000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INST RUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN THE PRE SENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TRE ATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/09/2 016 (N.V.VASUDEVAN ) JUDICIAL MEMBER RANCHI , DATED 05/09/2016 *DKP ,PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT CONCERNED 2. THE RESPONDENT CONCERNED 3. THE CIT(A) CONCERNED 4. CIT , CONCERNED 5. DR, ITAT, RANCHI 6. GUARD FILE. BY ORDER, // TRUE COPY // SR.PS, ITAT, RANCHI