ACIT, Circle - 2, Durgapur, Durgapur V. Sanat Kumar Sen, Durgapur

ITA 1623/KOL/2011

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4662 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 20-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 28-11-2011
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 1623/KOL./2011 ASSESSMENT YEAR: 2008-2009 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1623/KOL/ 2011 ASSESSMENT YEAR: 2008-2009 ASSISTANT COMMISSIONER OF INCOME TAX,.............. ..............APPELLANT CIRCLE-2, DURGAPUR, AAYAKAR BHAWAN ANNEXE, CITY CENTRE, DURGAPUR-713 216 -VS.- SANAT KUMAR SEN,................................... ..........................RESPONDENT PROP. OF M/S. SEN BROTHERS, ANGADPUR, DURGAPUR-15 [PAN : AJYPS 5044 C] APPEARANCES BY: SHRI ARINDAM BHATTACHARYA, JCIT, SR. D.R., FOR THE DEPARTMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JUNE 20, 2016 DATE OF PRONOUNCING THE ORDER : JUNE 20, 2016 O R D E R PER SHRI S.S. VISWANETHRA RAVI :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), DURGAPUR DATE D 23.09.2011 FOR THE ASSESSMENT YEAR 2008-09. 2. ALTHOUGH NONE HAS APPEARED ON BEHALF OF THE ASSE SSEE-RESPONDENT AT THE TIME OF HEARING FIXED TODAY, THE LD. D.R. HA S POINTED OUT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE REV ISED MONETARY LIMIT FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL I.T.A. NO. 1623/KOL./2011 ASSESSMENT YEAR: 2008-2009 PAGE 2 OF 2 HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFI ED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVE LY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF R S.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUC TION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WH ICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMIS SED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 20, 2016 . SD/- SD/- (M. BALAGANESH) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER KOLKATA, THE 20 TH DAY OF JUNE, 2016 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DURGAPUR, AAYAKAR BHAWAN ANNEXE, CITY CENTRE, DURGAPUR-713 216 (2) SANAT KUMAR SEN, PROP. OF M/S. SEN BROTHERS, ANGADPUR, DURGAPUR-15 (3) COMMISSIONER OF INCOME-TAX (APPEALS), DURGAPUR (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.