ITO, Ward - 7(1), Kolkata, Kolkata V. M/s. Hind Spectron Manufacturers Pvt. Ltd., Kolkata

ITA 209/KOL/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5010 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Bench Allotted: SMC
• Assessment Year: 2003-2004
• Appeal Filed On: 11-02-2016
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 209/KOL./2016 ASSESSMENT YEAR: 2003-2004 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 209 /KOL/ 2016 ASSESSMENT YEAR: 2003-2004 INCOME TAX OFFICER,................................ ...................................APPELLANT WARD-7(1), KOLKATA, P-7, CHOWRINGHEE SQUARE, ROOM NO. 21, 5 TH FLOOR, KOLKATA-700 069 -VS.- M/S. HIND SPECTRON MANUFACTURERS PVT. LIMITED,..... .............RESPONDENT 36, MAHARSHI DEBENDRA ROAD, 1 ST FLOOR, KOLKATA-700 006 [PAN : AAACH 8318 P] APPEARANCES BY: SHRI P.K. CHAKRABORTY, JCIT, SR. D.R., FOR THE DEPARTMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : APRIL 26, 2016 DATE OF PRONOUNCING THE ORDER : APRIL 26, 2016 O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-16, KOLKATA DA TED 10.12.2015 FOR THE ASSESSMENT YEAR 2003-04. 2. ALTHOUGH NONE HAS APPEARED ON BEHALF OF THE ASSE SSEE-RESPONDENT AT THE TIME OF HEARING FIXED TODAY, THE LD. D.R. HA S POINTED OUT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE REV ISED MONETARY LIMIT FIXED 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 TRIBUNAL. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFI ED IN THE SAID CIRCULAR, I.T.A. NO. 209/KOL./2016 ASSESSMENT YEAR: 2003-2004 PAGE 2 OF 2 THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVE LY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF R S.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUC TION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WH ICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMIS SED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 26, 201 6. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 26 TH DAY OF APRIL, 2016 COPIES TO : (1) INCOME TAX OFFICER, WARD-7(1), KOLKATA, P-7, CHOWRINGHEE SQUARE, ROOM NO. 21, 5 TH FLOOR, KOLKATA-700 069 (2) M/S. HIND SPECTRON MANUFACTURERS PVT. LIMITED, 36, M.D. ROAD, 1 ST FLOOR, KOLKATA-700 006 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-16, KOLKA TA (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.