ITO, Ward-46(2), Kolkata, Kolkata V. Haradhan Pramanik, Howrah

ITA 2138/KOL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4754 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 25-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K KUREEL
• Assessee Lawyers: ASHISH BAJAJ
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC, KOLKATA [BEFORE SHRI P.M.JAGTAP, AM ] ITA NO. 2138/KOL/2014 : ASSESSMENT YEAR : 200 8-09 I.T.O., WARD-46(2), KOLKATA VS HARADHAN PRAMANIK PAN : AMPPP 5738H (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI R.K.KUREEL, JCIT, SR.D R FOR THE RESPONDENT : SHRI ASHISH BAJAJ, A.R. DATE OF HEARING : 09.06.2016 DATE OF PRONOUNCEMENT : 09.06.2016 ORDER THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A)-XXX, KOLKATA DATED 30.09.2014 FOR TH E ASSESSMENT YEAR 2008-09. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE POINTED OUT THAT THE TAX EFFECT INVOLVED IN THIS AP PEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT REC ENTLY FIXED BY THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10TH DECEMB ER,2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE ITA NO. 2138/KOL/2014 HARADHAN PRAMANIK 2 MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND A S CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLI CABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPE ALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE W ITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY T HE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQU ARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND D ISMISSED ACCORDINGLY. 3. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09.06.2016 SD/- (P.M.JAGTAP) ACCOUNTANT MEMBER DATED: 09 /06/2016 TALUKDAR (SR.PS) COPY OF THE ORDER FORWARDED TO: 1. HARADHAN PRAMANIK, VILL- NAHATA, P.O. AGUNSHI, HOWRAH- 711 303 2 I.T.O., WARD-46(2), KOLKATA. 3. THE CIT-I, KOLKATA, 4. THE C IT(A)-I, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES ITA NO. 2138/KOL/2014 HARADHAN PRAMANIK 3