ACIT, Circle - 45, Kolkata , Kolkata V. Shri Rajeev Dhanuka , Kolkata

ITA 1454/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0759 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 06-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (A), KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI S.S. VISWANETHRA RAVI, JM] I.T.A. NO. 1454/KOL/2018 ASSESSMENT YEAR: 2014-15 ACIT, CIRCLE 45, KOLKATA.....................................................................APPELLANT 3, GOVT. PLACE, GROUND FLOOR, KOLKATA 700 001. SHRI RAJEEV DHANUKA.................................RESPONDENT 74/1, NARKELDANGA MAIN ROAD, KOLKATA 700 054. [PAN: AADHR 3455 B] APPEARANCES BY: SHRI C.J. SINGH, JCIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. SHRI SUBASH AGARWAL, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : MARCH 25, 2019 DATE OF PRONOUNCING THE ORDER : MARCH 25, 2019 ORDER PER P.M. JAGTAP, VICE PRESIDENT THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) 13, KOLKATA DATED 23.04.2018. 2. AS POINTED OUT BY THE LEANED COUNSEL FOR THE ASSESSEE AT THE OUTSET THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 20 LAKHS PRESCRIBED BY THE CBDT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018 FOR FILING THE APPEAL OF THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LEARNED DR. SINCE THE SAID CIRCULAR ISSUED BY THE CBDT IS MADE APPLICABLE TO ALL THE PENDING APPEALS ALSO, WE TREAT THIS APPEAL OF THE REVENUE AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT AND DISMISS THE SAME. 2 I.T.A. NOS. 1454/KOL/2018 ASSESSMENT YEAR: 2014-15 SHRI RAJEEV DHANUKA 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH MARCH, 2019. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 25/03/2019 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. SHRI RAJEEV DHANUKA, 74/1, NARKELDANGA MAIN ROAD, KOLKATA 700 054. 2. ACIT, CIRCLE -45, 3, GOVT. PLACE, GROUND FLOOR, KOLKATA 700 001. AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, KOLKATA 700 107. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR / H.O.O. ITAT, KOLKATA