ITO, WD-1(4), Durgapur, Durgapur V. Mukherjee & Chatterjee Enterprise, Durgapur

ITA 1419/KOL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4626 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 20-06-2014
• Court: TRIBUNAL
• Assessee Lawyers: HARSH VARDHAN BHARDWAJ
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1419/KOL./2014 ASSESSMENT YEAR: 2008-2009 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 1419/KOL/ 2014 ASSESSMENT YEAR: 2008-2009 INCOME TAX OFFICER,................................ .................................APPELLANT WARD-1(4), DURGAPUR, AAYAKAR BHAWAN, CITY CENTRE, DURGAPUR-713 216 -VS.- MUKHERJEE & CHATTERJEE ENTERPRISE,................. ...................RESPONDENT G.T. ROAD, P.O. RAJBANDH, PANAGARH, DURGAPUR-12 [PAN : AALFM 6001 G] APPEARANCES BY: SHRI SANJAY MUKHERJEE, JCIT, SR. D.R., FOR THE DEPARTMENT SHRI HARSH VARDHAN BHARDWAJ, FCA, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JUNE 16, 2016 DATE OF PRONOUNCING THE ORDER : JUNE 16, 2016 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), DURGAPUR DATE D 10.04.2014 FOR THE ASSESSMENT YEAR 2008-09. 2 AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESSE E 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 LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY I SSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL I.T.A. NO. 1419/KOL./2014 ASSESSMENT YEAR: 2008-2009 PAGE 2 OF 2 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 THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF R S.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED.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 JUNE 16, 2016 . SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 16 TH DAY OF JUNE, 2016 COPIES TO : (1) INCOME TAX OFFICER, WARD-1(4), DURGAPUR, AAYAKAR BHAWAN, CITY CENTRE, DURGAPUR-713 216 (2) MUKHERJEE & CHATTERJEE ENTERPRISE, G.T. ROAD, P.O. RAJBANDH, PANAGARH, DURGAPUR-12 (3) COMMISSIONER OF INCOME-TAX (APPEALS), DURGAPUR (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.