ITO (IT), Ward-Kolkata, Kolkata V. M/s Utsav Fashion Pvt. Ltd., Kolkata

ITA 1511/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9101 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-08-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 21-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM BILASH MEENA
• Assessee Lawyers: ARIHANT JAIN
• Keywords: Tax effect
• Section: 12

Judgement Text

I.T.A. NO.1511/KOL/2019 ASSESSMENT YEAR: 2 013-2014 M/S. UTSAV FASHION PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA (VIRTUAL COURT HEARING) BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A. NO. 1511/KOL/2019 ASSESSMENT YEAR: 2013-2014 INCOME TAX OFFICER (INTERNATIONAL TAXATION),....... ...............APPELLANT WARD-KOLKATA, KOLKATA, AAYAKAR BHAWAN POORVA, 2 ND FLOOR, 110, SHANTI PALLY, KOLKATA-700107 -VS.- M/S. UTSAV FASHION PVT. LIMITED,................... ..........................RESPONDENT D.N. 51, MERLIN INFINITE, ROOM NO. 1211-1213, 12 TH FLOOR, SECTOR-5, SALT LAKE CITY, KOLKATA-700091 [PAN:AABCU0072E] APPEARANCES BY: SHRI RAM BILASH MEENA, CIT, D.R. , FOR THE APPELLA NT SHRI ARIHANT JAIN, A.R., FOR THE RESPONDE NT DATE OF CONCLUDING THE HEARING : AUGUST 04, 2020 DATE OF PRONOUNCING THE ORDER : AUGUST 04, 2020 O R D E R PER SHRI P,M. JAGTAP, VICE-PRESIDENT: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-22, KOLKATA DA TED 29 TH MARCH, 2019 PASSED FOR THE ASSESSMENT YEAR 2013-14. 2. AT THE TIME OF HEARING BEFORE THE TRIBUNAL, THE LD. COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.50,00 ,000/- FIXED BY THE C.B.D.T. FOR FILING THE APPEAL BY THE REVENUE BEFOR E THE TRIBUNAL AND THIS POSITION IS NOT DISPUTED EVEN BY THE LD. D.R. IN TH E CIRCULAR NO. 17/2019 I.T.A. NO.1511/KOL/2019 ASSESSMENT YEAR: 2 013-2014 M/S. UTSAV FASHION PVT. LIMITED 2 DATED 8 TH AUGUST, 2019 ISSUED BY THE C.B.D.T., THE MONETARY LIMIT FOR FILING THE APPEAL BY REVENUE BEFORE THE TRIBUNAL IS REVISE D TO RS.50,00,000/-. AS FURTHER CLARIFIED IN THE SAID CIRCULAR, THE MONE TARY LIMIT SO REVISED IS APPLICABLE EVEN TO THE PENDING APPEALS AND THE SAME ARE DIRECTED TO BE WITHDRAWN OR NOT PRESSED. WE ACCORDINGLY TREAT THIS APPEAL AS WITHDRAWN/NOT PRESSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND DISMISS THE SAME. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 04, 20 20. SD/- SD/- (SATBEER SINGH GODARA) (P.M. J AGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 4 TH DAY OF AUGUST, 2020 COPIES TO : (1) INCOME TAX OFFICER (INTERNATIONAL TAXATION), WARD-KOLKATA, KOLKATA, AAYAKAR BHAWAN POORVA, 2 ND FLOOR, 110, SHANTI PALLY, KOLKATA-700107 (2) M/S. UTSAV FASHION PVT. LIMITED, D.N. 51, MERLIN INFINITE, ROOM NO. 1211-1213, 12 TH FLOOR, SECTOR-5, SALT LAKE CITY, KOLKATA-700091 (3) COMMISSIONER OF INCOME TAX (APPEALS)-22, KOLK ATA, (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.