ACIT, Circle - 11(2), , Kolkata V. M/s. MCPI Pvt. Ltd., , Kolkata

ITA 2018/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8905 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-01-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 20-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI RAY
• Assessee Lawyers: NEHA JHUNJHUNWALA
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 2018/KOL/2018 ASSESSMENT YEAR: 2 012-2013 M/S. MCPI PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A. NO. 2018/KOL/2018 ASSESSMENT YEAR: 2012-2013 ASSISTANT COMMISSIONER OF INCOME TAX,.............. .............APPELLANT CIRCLE-11(2), KOLKATA, AAYAKAR BHAWAN P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 -VS.- M/S. MCPI PVT. LIMITED,............................ .........................RESPONDENT BENGAL ECO INTELLIGENCE PARK, TOPWER-I, BLOCK-EM, PLOT-3, 3 RD FLOOR, SECTOR-V, SALT LAKE CITY, KOLKATA-700091 [PAN:AAACM9169K] APPEARANCES BY: SHRI DHRUBAJYOTI RAY, JCIT, D.R. , FOR THE APPELLA NT SMT. NEHA JHUNJHUNWALA, AR, FOR THE RESPONDE NT DATE OF CONCLUDING THE HEARING : JANUARY 09, 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 09, 2020 O R D E R PER SHRI P,M. JAGTAP, VICE-PRESIDENT: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATA DAT ED 7 TH JUNE, 2018 PASSED FOR THE ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING BEFORE THE TRIBUNAL, THE LD. COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS.50,00 ,000/- FIXED BY THE C.B.D.T. FOR FILING THE APPEAL BY THE REVENUE BEFOR E THE TRIBUNAL AND THIS POSITION IS NOT DISPUTED EVEN BY THE LD. D.R. IN TH E CIRCULAR NO. 17/2019 I.T.A. NO. 2018/KOL/2018 ASSESSMENT YEAR: 2 012-2013 M/S. MCPI PVT. LIMITED 2 DATED 8 TH AUGUST, 2019 ISSUED BY THE C.B.D.T., THE MONETARY LIMIT FOR FILING THE APPEAL BY REVENUE BEFORE THE TRIBUNAL IS REVISE D TO RS.50,00,000/-. AS FURTHER CLARIFIED IN THE SAID CIRCULAR, THE MONE TARY LIMIT SO REVISED IS APPLICABLE EVEN TO THE PENDING APPEALS AND THE SAME ARE DIRECTED TO BE WITHDRAWN OR NOT PRESSED. WE ACCORDINGLY TREAT THIS APPEAL AS WITHDRAWN/NOT PRESSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND DISMISS THE SAME. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 09, 2 020. SD/- SD/- (SATBEER SINGH GODARA) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 9 TH DAY OF JANUARY, 2020 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-11(2), KOLKATA, AAYAKAR BHAWAN P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 (2) M/S. MCPI PVT. LIMITED, BENGAL ECO INTELLIGENCE PARK, TOPWER-I, BLOCK-EM, PLOT-3, 3 RD FLOOR, SECTOR-V, SALT LAKE CITY, KOLKATA-700091 (3) COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKA TA, (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.