JCIT(OSD), Circle - 10, Kolkata, Kolkata V. Trisys On The Net Pvt. Ltd., Kolkata

ITA 1618/KOL/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100188 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2015
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 25-11-2011
• Court: TRIBUNAL
• Department Lawyers: R K KUREEL
• Assessee Lawyers: AMIT KUMAR ACA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI MAHAVIR SINGH, JM & SHRI M. BALAGANES H, AM] I.T.A NO.1618/KOL/2011 ASSESSMENT YEAR: 2005-06 JOINT COMMISSIONER OF INCOME-TAX (OSD), VS. TRIS YAS ON THE NET PVT. LTD. CIRCLE-10, KOLKATA. (PAN:AABCT7690M) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 17.12.2015 DATE OF PRONOUNCEMENT: 17.12.2015 FOR THE APPELLANT: SHRI R. K. KUREEL, JCIT, SR. DR FOR THE RESPONDENT: SHRI AMIT KUMAR, ACA ORDER PER SHRI MAHAVIR SINGH, JM: THIS APPEAL BY REVENUE IS ARISING OUT OF ORDER OF C IT(A)-XII, KOLKATA VIDE APPEAL NO. 386/XII/CIR-10/08-09 DATED 19.09.2011. ASSESSMENT WAS FRAMED BY DCIT, CIRCLE-10, KOLKATA U/S. 147/143(3) OF THE INCOME-TAX ACT, 1961 (HEREIN AFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2005-06 VIDE HIS ORDER DATED 10.12. 2008. 2. AT THE OUTSET, IT IS SEEN THAT THE QUANTUM INVO LVED IN THIS CASE IS RS.17,97,593/- AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS RS.6,1 1,181/-, WHICH IS LESS THAN RS. 10 LACS. 3. 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 (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 2 ITA NO.1618/KOL/2011 TRISYAS ON THE NET PVT. LTD., AY 2005-06 2 CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED INLIMINE. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (M. BALAGANESH) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 17 TH DECEMBER, 2015 JD. SR. P.S COPY OF THE ORDER FORWARDED TO: 1. APPELLANT JCIT (OSD), CIR-10, KOLKATA. 2. RESPONDENT TRISYAS ON THE NET PVT. LTD., 15, SARA T CHATTERJEE AVENUE, KOLKATA- 700029. 3. CIT(A) , KOLKATA 4. CIT , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .