DCIT, CC-XXX, KOLKATA, Kolkata V. M/s Shantinath Tie Up Pvt. Ltd., Kolkata

ITA 1831/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9181 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 25-09-2014
• Court: TRIBUNAL
• Department Lawyers: J V D LANGSTICH
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

1 ITA NO.1831/KOL/2014 SHANTINATH TIE UP PVT. LTD., AY 2010-11 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA () BEFORE .. , /AND ... , ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] / I.T.A NO. 1831/KOL/2014 / ASSESSMENT YEAR: 2010-11 DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-XXX, KOLKATA. VS. M/S. SHANTINATH TIE UP PVT. LTD. (PAN: AAICS7220F) ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING 29.03.2017 DATE OF PRONOUNCEMENT 29.03.2017 FOR THE APPELLANT/ SHRI J. V. D. LANGSTICH, CIT, DR FOR THE RESPONDENT/ N O N E / ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), CENTRAL-I, KOLKATA DATED 21.07.2014 FOR AY 2010-11. 2. AT THE OUTSET, IT IS SEEN THAT THE TAX EFFECT ON THE DISPUTED ADDITION IS LESS THAN RS. 10 LACS. AFTER PERUSING THE MATERIALS AVAILABLE ON REC ORD, 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 TRIB UNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MAT ERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER A NY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DO ES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR, AS THIS IS COVER ED. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL A PPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE T AX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF C USTOMS VS INDIAN OIL 2 ITA NO.1831/KOL/2014 SHANTINATH TIE UP PVT. LTD., AY 2010-11 CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TA X EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFE CT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE ME RITS OF THE CASE. IN CASE THE REVENUE LATER FINDS THAT THE TAX EFFECT IS MORE THAN RS. 10 LAKHS THEN IT IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER. WITH THIS CAVEAT , WE ARE INCLINED TO DISMISS THIS APPEAL ON THE GROUND THAT IT IS BELOW THE TAX EFFECT OF LESS THAN RS.10 LAKH. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER IS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) (...) ( .. ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 29TH MARCH, 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT DCIT, C.C-XXX, KOLKATA. 2 RESPONDENT M/S. SHANTINATH TIE UP PVT. LTD., 27, MULLICK STREET, KOLKATA-7. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .