DCIT, Central Circle - 4(4), Kolkata, Kolkata V. M/s. Vedic Realty Pvt. Ltd., Kolkata

ITA 1520/KOL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4521 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 27-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A BHATTACHARYA CIT LD
• Assessee Lawyers: SHIKHA AGARWAL ACA LD
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : KOLKATA BEFORE SHRI M.BALAGANESH, AM & SHRI S.S. VISWANETHRA RAVI, JM I.T.A NO. 1520/KOL/2017 A.Y 2013 - 14 I.T.A NO. 1521/KOL/2017 A.Y 201 4 - 15 D.C.I.T, C.C 4(4), KOLKATA - VS - M/S. VEDIC REALITY P.LTD PAN: AA HCS 6430Q (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI A.BHATTACHARYA, ADDL.CIT, LD.DR FOR THE RESPONDENT : MS. SHIKHA AGARWAL, ACA , LD.AR DATE OF HEARING : 2 7 .0 6 .2018 DATE OF PRONOUNCEMENT : 08 .08.2018 ORDER SHRI S.S. VISWANETHRA RAVI, JM: BOTH THE APPEALS ABOVE BY THE REVENUE AGAINST THE SEPARATE ORDER S OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) - 21 , KOLKATA FOR THE A.YS. 2013 - 14 AND 2014 - 15. 2. ITA NO S . 1520 & 1521 /KOL/2017 FOR THE A.Y S 2013 - 14 & 2014 - 15 BY THE REVENUE - TAX EFFECT. 3 . T HE CBDT HAS ISSUED CIRCULAR NO. 3/2018 DATED 11.07.2018, WHEREBY THE MONETARY LIMITS FOR FILING OF APPEALS BY THE REVENUE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL , HIGH COURTS AND SLP BEFORE SUPREME COURT HAVE BEEN INCRE ASED . THE REVISED MONETARY LIMITS LAID DOWN IN PARA - 3 OF THIS CIRCULAR AND THE MANNER OF COMPUTING TAX EFFECT AS LAID DOWN IN PARA - 4 OF THIS CIRCULAR ARE AS FOLLOWS: 3 . HENCEFORTH, APPEALS/ SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVEN HEREUNDER: 2 ITA NO. 1520/KOL/2017 - T.E & ITA NO. 1521/KOL/2017 M/S. VEDIC REALITY P.LTD 2 SL. NO. APPEALS/SLPS IN INCOME - TAX MATTERS MONETARY LIMIT (IN RS) 1. BEFORE APPELLATE TRIBUNAL 20,00,000/ - 2. BEFORE HIGH COURT 50,00,000/ - 3. BEFORE SUPREME COURT 1,00,00,000/ - IT IS CLARIFIED THAT AN APPEAL SHOULD NOT BE FILED MERELY BECAUSE THE TAX EFFECT IN A CASE EXCEEDS THE MONETARY LIMITS PRESCRIBED ABOVE. FILING OF APPEAL IN SUCH CASES IS TO BE DECIDED ON MERITS OF THE CASE. 4. FOR THIS PURPOSE, 'TAX EFFECT' MEANS THE DIFFERENCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED (HEREINAFTER REFERRED TO AS 'DISPUTED ISSUES ). FURTHER, 'TAX EFFECT' SHALL BE TAX INCLUDING APPLICABLE SURCHARGE AND CESS. HOWEVER, THE TAX WILL NOT INCLUDE ANY INTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARGEABILITY OF INTEREST IS THE ISSUE UNDER DIS PUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT. IN CASES WHERE RETURNED LOSS IS REDUCED OR ASSESSED AS INCOME, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. IN CASE OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DEL ETED OR REDUCED IN THE ORDER TO BE APPEALED AGAINST. 3. IN PARA - 13 OF THE SAID CIRCULAR IT HAS FURTHER BEEN CLARIFIED THAT THE REVISED MONETARY LIMITS WILL APPLY RETROSPECTIVELY. THE RELEVANT PARA - 13 OF THE CIRCULAR READS THUS: 13. THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SC/HCS/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. IN THE PRESENT CASE S , THE DISPUTED ADDITION (S) AND TAX THEREON IN EACH CASE ARE BELOW RS.20,00,000/ - . 5 . IN VIEW OF THE ABOVE, BOTH THE APPEAL S FILED BY THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE IN VIEW OF LATEST CBDT CIRCULAR NO. 3/2018 DT. 11 - 07 - 2018. 6 . IN THE RESULT, BOTH THE APPEAL OF REVENUE IN ITA NOS. 1520 & 1521/KOL/2017 FOR THE A.YS 2013 - 14 & 2014 - 15 ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 08 .08.201 8 SD/ - SD/ - M. BALAGANESH S.S. VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 08 - 08 - 2018 3 ITA NO. 1520/KOL/2017 - T.E & ITA NO. 1521/KOL/2017 M/S. VEDIC REALITY P.LTD 3 1. APPELLANT DEPUTY COMMISSIONER OF INCOME TAX, C.C 4(4), AAYKAR BHAWAN POORVA, 5 TH FLOOR, 110 SHANTI PALLY, KOLKATA - 107. 2 RESPONDENT M/S.VEDIC REALITY PVT. LTD 1/1B, UPPER WOOD STREET, KOLKATA - 17. 3. THE CIT(A), 21, KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA // TRUE COPY// BY ORDER, SR.PS/H.O.O ITAT, KOLKATA