DCIT, Circle - 11, Kolkata, Kolkata V. M/s. Sumoson Exports Pvt. Ltd., Kolkata

ITA 211/KOL/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5041 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 09-02-2012
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NOS. 211 & 212/KOL./2012 ASSESSMENT YEAR: 2004-2005 & 2005-2006 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NOS. 211 & 212 /KOL/ 2012 ASSESSMENT YEARS: 2004-2005 & 2005-2006 DEPUTY COMMISSIONER OF INCOME TAX,................. ..................APPELLANT CIRCLE-11, KOLKATA P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- M/S. SUMOSON EXPORTS PVT. LIMITED,................. ..................RESPONDENT 33A, MONOHAR PUKUR ROAD, KOLKATA-700 029 [PAN : AAECS 0440 D] APPEARANCES BY: SHRI DEBASISH LAHIRI, JCIT, SR. D.R., FOR THE DEPARTMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : MARCH 03, 2016 DATE OF PRONOUNCING THE ORDER : MARCH 03, 2016 O R D E R PER SHRI P.M. JAGTAP :- THESE APPEALS ARE PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XII, KOLKATA, BOTH DATED 03.11.2011 FOR THE ASSESSMENT YEARS 2004-05 & 2005- 06. 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 BOTH THESE APPEALS IS LESS THAN THE REVISED MONETARY LIMIT FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 D ATED 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 APPEALS BY THE RE VENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND A S CLARIFIED IN THE SAID I.T.A. NOS. 211 & 212/KOL./2012 ASSESSMENT YEAR: 2004-2005 & 2005-2006 PAGE 2 OF 2 CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RET ROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS A LSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INST RUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WH ICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEALS FILED B Y THE REVENUE IN THIS CASE ARE TREATED AS WITHDRAWN/NOT PRESSED AND DISMI SSED ACCORDINGLY. 3. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 03, 201 6. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 3 RD DAY OF MARCH, 2016 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11, KOLKATA P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (2) M/S. SUMOSON EXPORTS PVT. LIMITED, 33A, MONOHAR PUKUR ROAD, KOLKATA-700 029 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XII, KOLK ATA (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.