JCIT(OSD), Central Circle, Sambalpur V. Magan Kumar Agarwal, Bolangir

ITA 182/CTK/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3147 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 29-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 182 /CTK/201 8 ASSESSMENT YEAR : 201 5 - 2016 JCIT (OSD), CENTRAL CIRCLE, SAMBALPUR VS. SRI MAGAN KUMAR AGARWAL, C/O SRI RAM NIWAS AGARWAL, HARISHANKAR ROAD, LATHORE PAN/GIR NO .ABYDA 4519 P (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI SU BH ENDU DATTA , DR IT(SS)A NO. 53/CTK/2018 ASSESSMENT YEAR : 2011 - 2012 ACIT, CENTRAL CIRCLE, SAMBALPUR VS. M/S. GREWAL ASSOCIATES (P) LTD., 11, DECRES LANE, ESPLANADA (EAST), KOLKATA - 700069 PAN/GIR NO.AABCG 3980 G (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI P.K.MISHRA, AR REVENUE BY : SHRI SUBHENDU DATTA, DR IT(SS)A NO. 54/CTK/2018 ASSESSMENT YEAR : 2009 - 2010 JCIT (OSD), CENTRAL CIRCLE, SAMBALPUR VS. M/S. MAIKAL BREWERIES PVT LTD. HARISHANKAR ROAD, LATHORE, BOLANGIR. PAN/GIR NO.AADCM 1165 C (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI SUBHENDU DATTA, DR 2 ITA NO. 103/CTK/2018 ASSESSMENT YEAR : 2013 - 2014 IT(SS)A NO. 58/CTK/2018 ASSESSMENT YEAR : 2014 - 2015 DCIT (OSD), CENTRAL CIRCLE - 2, BHUBANESWAR. VS. M/S. IMPROVE TRADERS PVT LTD., PLOT NO.348, OKILBAG, CUTTACK ROAD PAN/GIR NO.AABCI 8070 N (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI SUBHENDU DATTA, DR DATE OF HEARING : 2 7 /0 8 / 2018 DATE OF PRONOUNCEMENT : 2 7 /0 8 / 2018 O R D E R PER N.S.SAINI, AM TH ESE ARE APPEAL S FILED BY THE REVENUE AGAINST THE SEPARATE ORDER S OF THE CIT(A) - 2, BHUBANESWAR . 2. T HE PR. COMMISSIONER OF INCOME TAX (CENTRAL) VISAKHPATNAM VIDE ITS LETTER DATED 13.8.2018 HAS SOUGHT PERMISSION OF THE BENCH TO WITHDRAW THE APPEAL S FILED BEFORE THE TRIBUNAL AS THE TAX EFFECT AS DETAILED BELOW IN THE RESPECTIVE APPEALS, IS BELOW THE LIMIT OF RS.20 LAKHS PRESCRIBED BY THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.7.2018 FOR FILING APPEAL BEFORE THE TRIBUNAL. 3 ITA NO. 103/CTK/2018 ASSESSMENT YEAR : 2013 - 2014 SR.NO NAME OF THE ASSESSEE TAX EFFECT AS PER AOS RECORD. 1. SRI MAGAN KUMAR AGARWAL RS.11,56,030 2. M/S. GREWAL ASSOCIATES (P) LTD RS.19,66,303/ - 3. M/S. MAIKAL BREWERIES PVT LTD RS.14,22,013/ - 4. M/S. IMPROVE TRADERS P.LTD. RS.14,46,120/ - THE SAID LETTER READS AS UNDER: SUB: REVISION OF MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL - WITHDRAWAL OF APPEAL - REGARDING. REF: CBDT CIRCULAR NO.3/2018, D A TED 11.7.2018. PLEASE REFER TO THE CIRCULAR NO.3 OF THE CBDT WITH REGARD TO REVISION OF MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT AND WITHDRAWAL OF APPEALS. 1. I AM FORWARDING HEREWITH A LIST OF FOUR CASES PENDING BEFORE ITAT, CUTTACK WHERE THE TAX EFFECT IS LESS THAN RS.20 LAKHS AND DOES NOT FALL INTO ANY OF THE EXCEPTIONS AS PER THE ABOVE CIRCULAR. THE SAID CASES MAY BE TREATED AS WITHDRAWN/NOT PRESSED BY TH E DEPARTMENT. YOURS FAITHFULLY, SD/ - (PREETI GARG) PR. CIT(CENTRAL), VISAKHAPATNAM. 3 . HENCE, WE DISMISS THE APPEAL S OF THE REVENUE AS WITHDRAWN. ORDER PRONOUNCED ON 27 /0 8 /2018. S D/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 2 7 /0 8 /2018 4 ITA NO. 103/CTK/2018 ASSESSMENT YEAR : 2013 - 2014 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT : CONCERNED. 2. THE RESPONDENT. CONCERNED. 3. THE CIT(A) - 4. PR.CIT - 2, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY// BY ORDER SR. PRIVATE SECRETARY ITAT, CUTTACK