DCIT, Circle - 13(2), Kolkata , Kolkata V. M/s. Shradha Agencies Private Limited , Howrah

ITA 1363/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6507 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 22-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA NO. 1363/KOL/2018 A.Y. 2014-2015 M/S. SHRADHA AGENCIES PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 1363/KOL/2018 ASSESSMENT YEAR: 2014-2015 DEPUTY COMMISSIONER OF INCOME TAX,................. ..................APPELLANT CIRCLE-13(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, E.M. BY-PASS, 6 TH FLOOR, KOLKATA-700 107 -VS.- M/S. SHRADHA AGENCIES PVT. LIMITED,................ ....................RESPONDENT MOUZA-22, MOULANA ABUL KALAM AZAD ROAD, HOWRAH-711 110 [PAN: AAHCS 6372 F] APPEARANCES BY: SHRI CHRISTOPHER JEROME SINGH, JCIT, SR. D.R. , FOR THE APPELLANT N O N E, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JANUARY 16, 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 16, 2019 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKATA DAT ED 20.03.2018. 2. AT THE TIME OF HEARING OF THIS APPEAL FIXED TODA Y, NONE HAS APPEARED ON BEHALF OF THE RESPONDENT-ASSESSEE. THE LD. D.R., HOWEVER, HAS POINTED OUT THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE MONETARY LIMIT OF RS.20 LAKHS FIXED BY THE CBDT VIDE CIRCULA R NO. 3/2018 DATED 11.07.2018 FOR FILING THE APPEAL BEFORE THE TRIBUNA L. SINCE THE SAID CIRCULAR ISSUED BY THE CBDT IS MADE APPLICABLE TO ALL THE PE NDING APPEALS ALSO, WE ITA NO. 1363/KOL/2018 A.Y. 2014-2015 M/S. SHRADHA AGENCIES PVT. LIMITED 2 TREAT THIS APPEAL OF THE REVENUE AS NOT MAINTAINABL E ON ACCOUNT OF LOW TAX EFFECT AND DISMISS THE SAME. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 16, 2 019. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT (KZ) KOLKATA, THE 16 TH DAY OF JANUARY, 2019 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-13(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, E.M. BY-PASS, 6 TH FLOOR, KOLKATA-700 107 (2) M/S. SHRADHA AGENCIES PVT. LIMITED, MOUZA-22, MOULANA ABUL KALAM AZAD ROAD, HOWRAH-711 110 (3) COMMISSIONER OF INCOME TAX (APPEALS)-5, KOLKA TA, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.