D.C.I,T.CC - V I/ Kol., Kolkata V. M/s Gayson & Co (P) Ltd., Kolkata

ITA 1703/KOL/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9366 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 03-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 21-11-2012
• Court: TRIBUNAL

Judgement Text

I.T.A. NO. 1703/KOL./2012 ASSESSMENT YEAR: 2009-2010 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1703/KOL/ 2012 ASSESSMENT YEAR : 2009-2010 DEPUTY COMMISSIONER OF INCOME TAX,................. ................APPELLANT CENTRAL CIRCLE-VI, KOLKATA, 110, SHANTIPALLY, E.M. BYE PASS, AAYAKAR BHAVAN (POORVA), 7 TH FLOOR, KOLKATA-700 107 -VS.- M/S. GAYSON & CO. (P) LIMITED,..................... .........................RESPONDENT 18D, EVEREST, 46C, CHOWRINGHEE ROAD, KOLKATA-700 071 [PAN: AABCG 0158 R] APPEARANCES BY: SHRI DEBASISH LAHIRI, JCIT, SR. D.R., FOR THE DEPAR TMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : FEBRUARY 20, 2017 DATE OF PRONOUNCING THE ORDER : FEBRUARY 20, 2017 O R D E R PER SHRI S.S. VISWANETHRA RAVI, J.M. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL-1, KO LKATA DATED 21.09.2012 FOR THE ASSESSMENT YEAR 2009-10. 2 NONE APPEARED ON BEHALF OF THE ASSSSEE AT THE TIM E OF HEARING BEFORE US. WE FIND FROM THE RECORD THAT THE TAX EFF ECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONE TARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 1 0 TH DECEMBER, 2015 I.T.A. NO. 1703/KOL./2012 ASSESSMENT YEAR: 2009-2010 PAGE 2 OF 2 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVE NUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MONETARY L IMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFIED IN THE SAID CIRCULA R, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APP EALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PE NDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE W ITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY THE CBDT V IDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICA BLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 20, 2017. SD/- SD/- (J. SUDHAKAR REDDY) (S.S. VI SWANETHRA RAVI) ACCOUNTANT MEMBER JUD ICIAL MEMBER KOLKATA, THE 20 TH DAY OF FEBRUARY, 2017 COPIES TO : (1) INCOME TAX OFFICER, WARD-35(1), KOLKATA, 110, SHANTIPALLY,E.M. BYE PASS, AAYAKAR BHAVAN (POORVA), 7 TH FLOOR, KOLKATA-700 107 (2) M/S. GAYSON & CO. (P) LIMITED, 18D, EVEREST, 46C, CHOWRINGHEE ROAD, KOLKATA-700 071 (3) COMMISSIONER OF INCOME-TAX (APPEALS), CENTRAL -1, KOLKATA, (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.