DCIT, CIR-2, Siliguri, Siliguri V. Sriniwas Agarwal, Siliguri

ITA 1391/KOL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4562 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Next Hearing Date: 29-08-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 19-06-2014
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1391/KOL./2014 ASSESSMENT YEAR: 2010-2011 & C.O. 85/KOL/2014 (ARISING OUT OF ITA NO. 1391/KOL/2014) ASSESSMENT YEAR: 2010-2011 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 1391/KOL/ 2014 ASSESSMENT YEAR: 2010-2011 DEPUTY COMMISSIONER OF INCOME TAX,................. ...................APPELLANT CIRCLE-2, SILIGURI, AAYAKAR BHAWAN, PARIBAHAN NAGAR, MATIGARA, SILIGURI-734 010 -VS.- SRINIWAS AGARWAL,.................................. ...............................RESPONDENT SURYADEEP APARTMENT, DONBOSCO MORE, SEVOKE ROAD, SILIGURI [PAN: AFYPA 4843 A] & C.O. NO. 85/KOL/2014 (ARISING OUT OF I.T.A. NO. 1391/KOL/2014) ASSESSMENT YEAR: 2010-2011 SRINIWAS AGARWAL,.................................. ................................CROSS OBJECTOR SURYADEEP APARTMENT, DONBOSCO MORE, SEVOKE ROAD, SILIGURI [PAN: AFYPA 4843 A] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. ....................RESPONDENT CIRCLE-2, SILIGURI, AAYAKAR BHAWAN, PARIBAHAN NAGAR, MATIGARA, SILIGURI-734 010 APPEARANCES BY: SHRI SALLONG YADEN, ADDL.CIT, D.R., FOR THE DEPARTMENT SHRI SUBASH AGARWAL, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : AUGUST 29, 2016 DATE OF PRONOUNCING THE ORDER : AUGUST 29, 2016 O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), JALPAIGURI DA TED 25.04.2014 AND I.T.A. NO. 1391/KOL./2014 ASSESSMENT YEAR: 2010-2011 & C.O. 85/KOL/2014 (ARISING OUT OF ITA NO. 1391/KOL/2014) ASSESSMENT YEAR: 2010-2011 PAGE 2 OF 3 THE SAME IS BEING DISPOSED OF ALONG WITH THE CROSS OBJECTION FILED BY THE ASSESSEE BEING C.O. NO. 85/KOL/2014. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE AT THE TIME OF HEARING TODAY, THE TAX EFFECT INVOLVED IN THIS APPE AL OF THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.10,00,000/- FIXED BY THE CBDT FOR FILING THE REVENUES APPEAL BEFORE THE TRIBUNAL AND THIS POSIT ION CLEARLY EVIDENT FROM THE IMPUGNED ORDER OF THE LD. CIT(APPEALS) IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENT LY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE RE VENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND A S CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RET ROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS A LSO INSTRUCTED THAT SUCH 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, 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. AS A RESULT OF DISMISSAL OF THE REVENUES APPEAL BY ME AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT, THE CORR ESPONDING CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTU OUS AS AGREED EVEN BY THE LD. COUNSEL FOR THE ASSESSEE. THE SAME IS ACCOR DINGLY DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 29, 20 16. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 29 TH DAY OF AUGUST, 2016 I.T.A. NO. 1391/KOL./2014 ASSESSMENT YEAR: 2010-2011 & C.O. 85/KOL/2014 (ARISING OUT OF ITA NO. 1391/KOL/2014) ASSESSMENT YEAR: 2010-2011 PAGE 3 OF 3 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, SILIGURI, AAYAKAR BHAWAN, PARIBAHAN NAGAR, MATIGARA, SILIGURI-734 010 (2) SHRI SRINIWAS AGARWAL, SURYADEEP APARTMENT, DONBOSCO MORE, SEVOKE ROAD, SILIGURI (3) COMMISSIONER OF INCOME TAX (APPEALS), JALPAIGU RI, (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.