DCIT, CIR-8(2), KOLKATA, Kolkata V. M/s Rotomac Electricals Pvt. Ltd., Kolkata

ITA 1529/KOL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4915 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 30-12-2015
• Court: TRIBUNAL
• Department Lawyers: RAJAT KUMAR KUREEL
• Keywords: Tax effect

Judgement Text

I.T.A. NOS. 1529 & 1530/KOL./2015 ASSESSMENT YEAR: 2008-2009 & 2009-2010 & C.O. NOS. 08 & 09/KOL/2016 (IN ITA NOS. 1529 & 1530/KOL/2015) ASSESSMENT YEARS 2008-2009 & 2009-2010 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NOS. 1529 & 1530 /KOL/ 2015 ASSESSMENT YEARS: 2008-2009 & 2009-2010 DEPUTY COMMISSIONER OF INCOME TAX,................. .....................APPELLANT CIRCLE-8(2), KOLKATA, AAYAKAR BHAWAN, 4 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- ROTOMAC ELECTRICALS PVT. LIMITED,.................. ..........................RESPONDENT 105, PARK STREET, KOLKATA-700 016 [PAN : AABCR 2962 E] & C.O. NOS. 08 & 09/KOL/2016 (ARISING OUT OF I.T.A. NOS. 1529 & 1530 /KOL/ 2015) ASSESSMENT YEARS: 2008-2009 & 2009-2010 ROTOMAC ELECTRICALS PVT. LIMITED,.................. ..........................CROSS OBJECTOR 105, PARK STREET, KOLKATA-700 016 [PAN : AABCR 2962 E] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. .....................RESPONDENT CIRCLE-8(2), KOLKATA, AAYAKAR BHAWAN, 4 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: SHRI RAJAT KUMAR KUREEL, JCIT, SR. D.R., FOR THE DEPARTMENT SHRI SOUMITRA CHOUDHURY, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : MAY 10, 2016 DATE OF PRONOUNCING THE ORDER : MAY 10, 2016 I.T.A. NOS. 1529 & 1530/KOL./2015 ASSESSMENT YEAR: 2008-2009 & 2009-2010 & C.O. NOS. 08 & 09/KOL/2016 (IN ITA NOS. 1529 & 1530/KOL/2015) ASSESSMENT YEARS 2008-2009 & 2009-2010 PAGE 2 OF 3 O R D E R THESE TWO APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST TWO SEPARATE ORDERS PASSED BY THE LD. COMMISSIONER OF I NCOME TAX (APPEALS)- 5, KOLKATA, BOTH DATED 30.10.2015 FOR THE ASSESSMEN T YEARS 2008-09 AND 2009-10 AND THE SAME ARE BEING DISPOSED OF ALONG WI TH CROSS OBJECTIONS FILED BY THE ASSESSEE BEING C.O. NOS. 08 & 09/KOL/2 016. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THESE APPEALS OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT V IDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN T HESE APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/20 15 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING T HE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO R S.10,00,000/- AND AS CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY L IMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT P RESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULA R NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN THE PRE SENT CASE, THE APPEALS FILED BY THE REVENUE IN THIS CASE ARE TREATED AS WI THDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. AS AGREED BY THE LD. REPRESENTATIVE OF THE ASSES SEE, THE CROSS OBJECTIONS FILED BY THE ASSESSEE HAVE BECOME INFRUC TUOUS AS A RESULT OF DISMISSAL OF THE CORRESPONDING APPEALS OF THE REVEN UE. ACCORDINGLY, THESE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE ALSO DIS MISSED. I.T.A. NOS. 1529 & 1530/KOL./2015 ASSESSMENT YEAR: 2008-2009 & 2009-2010 & C.O. NOS. 08 & 09/KOL/2016 (IN ITA NOS. 1529 & 1530/KOL/2015) ASSESSMENT YEARS 2008-2009 & 2009-2010 PAGE 3 OF 3 4. IN THE RESULT, THE APPEALS OF THE REVENUE AS WEL L AS THE CROSS OBJECTIONS FILED BY THE ASSESSEE ALL ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON MAY 10, 2016. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 10 TH DAY OF MAY, 2016 COPIES TO : (1) ROTOMAC ELECTRICALS PVT. LIMITED, 105, PARK STREET, KOLKATA-700 016 (2) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8(2), KOLKATA, AAYAKAR BHAWAN, 4 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-5, KOLKAT A (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.