ITO,Ward-53(3), Kolkata, Kolkata V. M/s. Mondal Liquor Enterprise, South 24 Parganas

ITA 1406/KOL/2012

• Counselvise Citation: 140623514 RSA 2012
• Duration Of Justice: 3 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 01-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 68

Judgement Text

I.T.A. NO. 1406/KOL./2012 ASSESSMENT YEAR: 2007-2008 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1406/KOL/ 2012 ASSESSMENT YEAR: 2007-2008 INCOME TAX OFFICER,................................ .............................APPELLANT WARD-53(3), KOLKATA, AAYAKAR BHAWAN (DAKSHIN), 2, GARIAHAT ROAD (SOUTH), 2 ND FLOOR, KOLKATA-700 068 -VS.- M/S. MONDAL LIQUOR ENTERPRISE,..................... .................RESPONDENT P.O. ALIDA, P.S. MAGRAHAT, 24-PARGANAS (SOUTH)-743 355 [PAN : AAMFM 2312 D] APPEARANCES BY: SHRI P.K. CHAKRABORTY, JCIT, SR. D.R., FOR THE DEPARTMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : DECEMBER 17, 2015 DATE OF PRONOUNCING THE ORDER : DECEMBER 17, 2015 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXIII, KOLKAT A DATED 05.07.2012 FOR THE ASSESSMENT YEAR 2007-08, WHEREBY HE DELETED THE ADDITIONS OF RS.15,39,116/- AND RS.40,018/- MADE BY THE ASSESSIN G OFFICER TO THE TOTAL INCOME OF THE ASSESSEE ON ACCOUNT OF UNEXPLAINED CA SH CREDITS UNDER SECTION 68 AND UNPROVED SUNDRY CREDITORS RESPECTIVE LY. 2. AT THE TIME OF HEARING BEFORE US, NONE HAS APPEA RED ON BEHALF OF THE ASSESSEE. IT IS, HOWEVER, NOTED FROM THE GROUNDS RA ISED BY THE REVENUE IN THIS APPEAL THAT THE TAX EFFECT INVOLVED THEREIN IS 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 IS NO T DISPUTED EVEN BY THE I.T.A. NO. 1406/KOL./2012 ASSESSMENT YEAR: 2007-2008 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 DECEMBER 17, 2015. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 17 TH DAY OF DECEMBER, 2015 COPIES TO : (1) INCOME TAX OFFICER, WARD-53(3), KOLKATA, AAYAKAR BHAWAN (DAKSHIN), 2, GARIAHAT ROAD (SOUTH), 2 ND FLOOR, KOLKATA-700 068 (2) M/S. MONDAL LIQUOR ENTERPRISE, P.O. ALIDA, P.S. MAGRAHAT, 24-PARGANAS (SOUTH)-743 355 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XXXIII, K OLKATA (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.