A.C.I.T.Circle-15(1), Kolkata V. M/s ABCI Infrastructures Pvt. Ltd., Kolkata

ITA 1991/KOL/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0595 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 22-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Retrospective amendment; Tax effect
• Section: 251; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC, BE NCH KOLKATA BEFORE SHRI S.S.GODARA, JM ./ ITA NO.1991/KOL/2019 ( / ASSESSMENT YEAR: 2005-06) ACIT, CIRCLE-15(1), KOLKATA VS. M/S ABCI INFRASTRUCTURES PVT. LTD. 2/7, VASUNDHARA, SARAT BOSE ROAD, KOLKATA-700020. ./ ./ PAN/GIR NO.: AACCM 3371 R (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI JAYANTA KHANRA, JCIT, SR. DR RESPONDENT BY : NONE / DATE OF HEARING : 24/12/2019 /DATE OF PRONOUNCEMENT : 24/12/2019 / O R D E R 1. THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2005-0 6 IS DIRECTED AGAINST THE CIT(A)-8, KOLKATAS ORDER DATED 30/05/2019 PASSED IN CASE NO. 10251/CIT(A)- 8/2014-15/ INVOLVING PROCEEDINGS U/S 263 / 251 /14 3(3) / 147 OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT). HEARD THE LD. D.R.. CASE FILE PERUSED. 2. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE NET TAX EFFECT INVOLVED IN THIS REVENUES APPEAL IS LESS THAN RS. 50,00,000/- PRESC RIBED IN CBDTS CIRCULAR NO. 17/2019 DATED 08/08/2019. THERE IS FURTHER NO ISSUE THAT THE SAME APPLIES WITH RETROSPECTIVE EFFECT AS WELL. THIS REVENUES APPEAL FAILS FURTHER ABOVE SOLE REASON THEREFORE. 3. IN THE EVENT, THE REVENUE FINDS AT A LATER POINT OF TIME THAT THE TAX EFFECT IN THE APPEAL IS MORE THAN RS.50 LAKHS OR DESPITE LOW TAX EFFECT THE APPEAL OF THE M/S ABCI INFRASTRUCTURE PVT. LTD. ITA NO.1991/KOL/2019 ASSESSMENT YEAR:2005-06 P PP PA AA AG GG GE EE E | || | 2 22 2 REVENUE IS MAINTAINABLE, THE REVENUE IS AT LIBERTY TO MOVE THIS TRIBUNAL FOR RECALLING OF THIS ORDER. 4. IN VIEW OF THE ABOVE, WE HOLD THAT THE APPEAL FI LED BY THE DEPARTMENT, AGAINST THE IMPUGNED ORDER OF THE LD. CIT(A), IS CO NTRARY TO THE POLICY DECISION OF THE DEPARTMENT AND AS SUCH THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED IN LIMINE . 5. IN THE RESULT, THE APPEAL BY THE REVENUE IS DI SMISSED FOR INVOLVING LOWER THAN THE PRESCRIBED TAX EFFECT. ORDER PRONOUNCED IN THE COURT ON 24.12.2019 SD/- ( S.S.GODARA ) / JUDICIAL MEMBER / DATE:24/12/2019 ( SB, SR.PS ) COPY OF THE ORDER FORWARDED TO: 1. ACIT, CIRCLE-15(1), KOLKATA 2. M/S ABCI INFRASTRUCTURES PVT. LTD. 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 6. GUARD FILE. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES M/S ABCI INFRASTRUCTURE PVT. LTD. ITA NO.1991/KOL/2019 ASSESSMENT YEAR:2005-06 P PP PA AA AG GG GE EE E | || | 3 33 3