ITO, Ward-27(2), Haldia, Purba Medinipur V. Shri Mahadev Jana, Purba Medinipur

ITA 157/KOL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4202 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Next Hearing Date: 07-09-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 04-02-2015
• Court: TRIBUNAL
• Assessee Lawyers: RIP DAS FCA LD
• Keywords: Tax effect; Condonation of delay
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA [BEFORE SHRI M. BALAGANESH, AM & SHRI S.S.VISWANET HRA RAVI, JM] I.T.A NO.157/KOL/2015 ASSESSMENT YEAR: 2008-09 INCOME-TAX OFFICER, WD-27(2), KOLKATA. VS. SHRI M AHADEV JANA (PAN:ADNPJ7120Q) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 25.11.2016 DATE OF PRONOUNCEMENT: 25.11.2016 FOR THE APPELLANT: SHRI SALLONG YADEN, ADDL. CIT FOR THE RESPONDENT: SHRI RIP DAS, FCA, LD. AR ORDER PER SHRI M. BALAGANESH, AM: THIS APPEAL BY REVENUE IS ARISING OUT OF ORDER OF C IT(A)-XXXIII, KOLKATA VIDE APPEAL NO. 191/CIT(A)-XXXIII/ITO WARD 2/HALDIA/10-11 DATED 13.11.2014. ASSESSMENT WAS FRAMED BY ITO, WARD-2, HALDIA U/S. 144 OF THE INCOME-TAX A CT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2008-09 VIDE HIS ORDER DA TED 28.12.2010. 2. REVENUE APPEAL IS TIME BARRED BY ONE DAY. AN AP PLICATION FOR CONDONATION OF DELAY DATED 10.03.2015 HAS BEEN FILED BY THE REVENUE EXPLAINING THE REASON FOR DELAY. LD. AR HAS GOT NO OBJECTION FOR CONDONING THE DELAY. IN VIEW OF THE CONCESSION GIVEN BY THE LD. AR, WE CONDONE THE DELAY AND ADMIT THE APPEAL FOR HEARING. 3. AT THE OUTSET, IT IS SEEN THAT THE QUANTUM INVOL VED IN THIS CASE IS RS.22,69,552/-AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS RS.7,7 1,421/-, WHICH IS LESS THAN RS. 10 LACS. 4. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MATERIALS AVAILA BLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DOES NOT FALL UNDER ANY OF T HE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT TH E CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PEND ING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS B EEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS VS INDIAN OIL C ORPORATION LTD REPORTED IN 267 ITR 272 2 ITA NO.157/KOL/2015 SHRI MAHADEV JANA. AY 2008-09 2 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESE RVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (S.S.VISWANETHRA RAVI) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 25 TH NOVEMBER, 2016 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ITO, WARD-27(2), HALDIA. 2. RESPONDENT SHRI MAHADEV JANA, DAKSHIN MURABENIA, JUNPUT, CONTAI, PURBA MEDINIPUR, W.B. PIN-721602. 3. CIT(A), KOLKATA 4. CIT, KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .