ITO, Ward - 28(1), Kolkata V. Smt. Bimala Keshan, Kolkata

ITA 1390/KOL/2009

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3160 (ITAT-KOLKATA)
• Duration Of Justice: 6 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 14-07-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 12-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KALYAN NATH
• Assessee Lawyers: SUBHAS AGARWAL N
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1390/KOL./2009 ASSESSMENT YEAR: 2005-2006 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. 1390/KOL/ 2009 ASSESSMENT YEAR: 2005-2006 INCOME TAX OFFICER,................................ ..............................APPELLANT WARD-28(1), KOLKATA, AAYAKAR BHAWAN (DAKSHIN), 2, GARIAHAT ROAD (SOUTH), KOLKATA -VS.- SMT. BIMALA KESHAN,................................ ..........................RESPONDENT 1K&L, AWAS, 35 & 36, S.N. ROY ROAD, KOLKATA-700 038 [PAN: AGXPK 9285 E] APPEARANCES BY: SHRI KALYAN NATH, JCIT, SR. D.R., FOR THE DEPARTMENT SHRI SUBHAS AGARWAL, ADVOCATE , FOR THE ASSESSEE NATE OF CONCLUDING THE HEARING : NOVEMBER 27, 2015 DATE OF PRONOUNCING THE ORDER : FEBRUARY 10 TH , 2016 O R D E R PER SHRI S.S. VISWANETHRA RAVI : THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XIV, KOLKATA D ATED 21.05.2009 FOR THE ASSESSMENT YEAR 2005-06. 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 I.T.A. NO. 1390/KOL./2009 ASSESSMENT YEAR: 2005-2006 PAGE 2 OF 2 LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY I SSUED BY THE CBDT, THE 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 10 TH , 2016. SD/- SD/- (P.M. JAGTAP) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER KOLKATA, THE 10 TH DAY OF FEBRUARY, 2016 COPIES TO : (1) INCOME TAX OFFICER, WARD-28(1), KOLKATA, AAYAKAR BHAWAN (DAKSHIN), 2, GARIAHAT ROAD (SOUTH), KOLKATA (2) SMT. BIMALA KESHAN, 1K&L, AWAS, 35 & 36, S.N. ROY ROAD, KOLKATA-700 038 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-X IV , KOLKATA (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.