I.T.O Wd - 2,Haldia, Purba Medinipur V. Ajabull Khan, Purba Medinipur

ITA 1396/KOL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5039 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SURAJIT GHOSH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M.JAGTAP, AM & SHRI S.S.VISWANETHRA RAVI, JM ] ITA NO. 1396/KOL/2013 : ASSESSMENT YEAR : 2009 -10 I.T.O., WARD-12, HALDIA VS AJABULL KHAN PAN : APYPK 8127K (APPELLANT) (RESPONDENT) FOR THE DEPARTMENT : SHRI DEBASHISH LAHIRI, JCI T FOR THE ASSESSEE : SHRI SURAJIT GHOSH, FCA DATE OF HEARING : 03.03.2016 DATE OF PRONOUNCEMENT : 03.03.2016 ORDER PER SHRI S.S.VISWANETHRA RAVI, JM THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AG AINST THE ORDER DATED 26.03.2013 PASSED BY THE CIT(APPEALS)-X XXIII, KOLKATA IN APPEAL NO.155/CIT(A)-XXXIII/ITO FOR THE ASSESSMENT YEAR 2009-10 FRAMED UNDER SECTION 143(3) OF THE I.T .ACT. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSES SEE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THESE APPEAL OF THE REVENUE IS RS.7,77,644/- BEING LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015 AT RS.10,00,000/- FOR FILING THE APPE AL 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 ITA NO. 1396/KOL/2013 AJABULL KHAN 2 EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA ) RECENTLY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING T HE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFIED IN THE SAID CIRCULA R, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN T O THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPI NG IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN T HE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TRE ATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3.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 OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03.03.2016 SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 03 /03/2016 TALUKDAR (SR.PS) COPY OF THE ORDER FORWARDED TO: 1. AJABULL KHAN, PANIA, KAJNA, CONTAI, PURBA MED INIPUR, KOLKATA 721 433. 2 I.T.O., WARD 2, HALDIA 3. THE CIT-I, KOLKATA, 4. THE C IT(A)-I, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES ITA NO. 1396/KOL/2013 AJABULL KHAN 3