Income Tax Officer-Ward-1(3), Hooghly, Hooghly V. Asim Kumar Nandi, Hooghly

ITA 20/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9342 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2017
• Appeal Filed By: Department
• Bench Allotted: SMC
• Next Hearing Date: 27-02-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 03-01-2014
• Court: TRIBUNAL
• Department Lawyers: RAJAT KUMAR KUREEL
• Assessee Lawyers: S K TULSIYAN
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 20/KOL./2014 ASSESSMENT YEAR: 2010-2011 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 20/KOL/ 2014 ASSESSMENT YEAR: 2010-2011 INCOME TAX OFFICER,................................ ................................APPELLANT WARD-1(3), HOOGHLY, AAYAKAR BHAWAN, KHADINAMORE, G.T. ROAD, HOOGHLY-712 101 -VS.- ASIM KUMAR NANDI,.................................. .............................RESPONDENT 176, RAJENDRA AVENUE, UTTARPARA, DIST. HOOGHLY-712 258 [PAN: ADTPN 3956 C] APPEARANCES BY: SHRI RAJAT KUMAR KUREEL, JCIT, D.R., FOR THE DEPARTMENT SHRI S.K. TULSIYAN, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : FEBRUARY 27, 2017 DATE OF PRONOUNCING THE ORDER : FEBRUARY 27, 2017 O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, KOLKATA DATED 25.10.2013, WHEREBY HE DELETED THE ADDITION OF RS.33,46,000/- M ADE BY THE ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESSEE ON ACCO UNT OF CASH DEPOSITS FOUND TO BE MADE IN HIS BANK ACCOUNT BY TREATING TH E SAME AS UNEXPLAINED. 2. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS POINTED O UT BY THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET, THE TAX EFFECT INVO LVED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT FIX ED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNA L AND THIS POSITION I.T.A. NO. 20/KOL./2014 ASSESSMENT YEAR: 2010-2011 PAGE 2 OF 2 CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVE NUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 2 1/2015 (SUPRA) ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPE AL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00, 000/- AND AS CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS AP PLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. TH E CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPE CIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPI NG IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/ 2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN THE PRE SENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WIT HDRAWN/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 27, 2017. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 27 TH DAY OF FEBRUARY, 2017 COPIES TO : (1) INCOME TAX OFFICER, WARD-1(3), HOOGHLY, AAYAKAR BHAWAN, KHADINAMORE, G.T. ROAD, HOOGHLY-712 101 (2) SHRI ASIM KUMAR NANDI, 176, RAJENDRA AVENUE, UTTARPARA, DIST. HOOGHLY-712 258 (3) COMMISSIONER OF INCOME TAX(APPEALS)-XXXVI, KOL KATA; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.