I.T.O.Ward-1(2), Asansol V. Bolkunda Pachwai (S) C S .Shop, Paschim Bardhman

ITA 1986/KOL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6867 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 21-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DIVAKAR CHAKRABORTY
• Keywords: Tax effect; Tax effect

Judgement Text

1 ITA Nos.1986/Kol/2019 A.Y 2014-15 & 1987/Kol/2019 A.Y 2016-17 Balkundra Pachwai (S) C.S Shop T.E IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA Before Shri Rajpal Yadav, Hon’ble Vice President (KZ) and Shri Girish Agrawal, Hon’ble Accountant Member I.TA No. 1986/Kol/2019 A.Y 2014-15 I.T.A No. 1987/Kol/2019 A.Y 2016-17 I.T.O. Ward 1(2), Asansol Ground Floor, Sahana Apartment Lower Chelidanga Asansol-713304 Vs. M/s. Bolkunda Pachwai(S) C.S Shop, Vill: Samdi, Dist- Paschim Bardhaman, Pin- 713354. PAN: AAAAB2700K Appellant Respondent Date of Hearing 15-03-2022 Date of Pronouncement 15-03-2022 For the Appellant Shri Divakar Chakraborty, Addl.CIT, Ld. Sr.DR For the Respondent Shri U. Dasgupta, Advocate, Ld.AR ORDER Per Bench These two appeals by the revenue are arising out of the separate orders of Ld. Commissioner of Income Tax (Appeals) [ hereinafter referred to as the ‘Ld. CIT(A)’], Asansol in appeal no.129/CIT(A)/Asl/ACIT/Wd-1(2)/Asl/16-17 and in appeal Ack No. 393867441251251218 both dated 10-06-2019 for AYs 2014-15 and 2016-17 against the assessment orders both dated 29-12-2016/14-12-2018, respectively passed by the Assessing Officer, ITO, Ward-1(2), Asansol [ hereinafter referred to as the ‘Ld. AO] u/s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as the ‘Act’). Since there are common issue involved in both the appeals, we dispose of both the appeals by this consolidated order for the sake of convenience. 2. During hearing of captioned appeal by revenue, Ld. AR submitted that the appeal is not maintainable in terms of CBDT Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.)] since the tax effect in the appeal is below Rs.50 Lacs. 2 ITA Nos.1986/Kol/2019 A.Y 2014-15 & 1987/Kol/2019 A.Y 2016-17 Balkundra Pachwai (S) C.S Shop T.E In this connection, Shri Divakar Chakraborty, Addl. CIT, Ld. Sr.DR appearing on behalf of revenue has submitted calculation of tax effect for both the A.Ys as under:- ASST. YEAR 2014-15 DEPARTMENTAL APPEAL TAX EFFECT CALCULATION ITA NO. 1986/KOLKATA/2019 Amount disputed in Appeal 1,03,25,641.00 Tax on Disputed Income @ 30% 30,97,692.30 Education cess 3% 92,930.77 Tax Effect with EC 31,90,623.07 ASST. YEAR 2016-17 DEPARTMENTAL APPEAL TAX EFFECT CALCULATION ITA NO. 1987/KOLKATA/2019 Amount disputed in Appeal 1,13,27,756.00 Tax on Disputed Income @ 30% 35,00,276.60 Tax Effect with EC 35,00,276.60 3. In view of the foregoing, we find that the appeal(s) is not maintainable in terms of low tax effect circular issued by CBDT vide Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.)]. This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. Hence, the appeal(s) stand dismissed with a liberty to revenue to seek recall of the appeal by Misc.Application, if at a later stage, it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect in any of the appeals exceeds the prescribed monetary limit. Since the tax effect involved in both the appeals of the revenue are less than Rs.50 lacs, we treat the revenue appeal(s) to fall in the ken of CBDT circular (supra) and so we dismiss it as not maintainable. 4. In view of above, both the appeals of revenue are dismissed. Order Pronounced in the Open Court on 15-03-2022 Sd/- Sd/- ( Rajpal Yadav ) (Girish Agrawal) Vice President (KZ) Dated 15-03-2022 Accountant Member 3 ITA Nos.1986/Kol/2019 A.Y 2014-15 & 1987/Kol/2019 A.Y 2016-17 Balkundra Pachwai (S) C.S Shop T.E **PP(Sr.P.S.) Copy of the order forwarded to: 1. Appellant/Revenue: O/o Income Tax Officer, Ward 1(2), Asansol, Ground Floor, Sahana Apartment, Lower Chelidanga, Asansol- 713304. 2 Respondent/Assessee: M/s. Bolkundra Pachwai (S) C.S Shop Vill- Samdi, Dist-Paschim Bardhaman-713354. 3. CIT, 4. CIT(A), 5. DR, Kolkata Benches, Kolkata