DCIT, Circle - 43, Kolkata, Kolkata V. M/s. Jewel India Jewellers, Kolkata

ITA 2151/KOL/2009

• Counselvise Citation: 215123514 RSA 2009
• Duration Of Justice: 1 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2011
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 23-12-2009
• Court: TRIBUNAL
• Department Lawyers: R K CHAKRAVORTY LD
• Assessee Lawyers: S M SURANA LD
• Keywords: Tax effect

Judgement Text

, C , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH- C , CALCUTTA () BEFORE , SHRI N. VIJAYA KUMARAN, JUDICIAL MEMBER. /AND . .. .'# '#'# '#. .. . , , , , $% , ,, , SHRI C.D. RAO, ACCOUNTANT MEMBER. & & & & / ITA NO. 2151/ KOL/2009 '( )*/ ASSESSMENT YEAR: 2006-07 DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-43,KOLKATA M/S. JEWEL INDIA JEWELLERS PAN:AACFJ 4832H (,- / APPELLANT ) - - - VERSUS -. (/0,-/ RESPONDENT ) ,- 1 2 $/ FOR THE APPELLANT: / SHRI R.K.CHAKRAVORTY, LD. DR /0,- 1 2 $/ FOR THE RESPONDENT: / SHRI S.M SURANA, LD. AR $3 / ORDER , , , , , , ,, , SHRI N. VIJAYA KUMARAN, JUDICIAL MEMBER THIS APPEAL BY THE DEPARTMENT IS FOR THE ASSESSMENT YEAR 2006-07. THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIO NER OF INCOME-TAX (APPEALS)-XXX, KOLKATA VIDE ORDER DATED 26-10-2009. 2. WHILE STATING THE CASE, THE LEARNED COUNSEL FOR THE ASSESSEE WOULD OBJECT BY SUBMITTING THAT THE APPEAL FILED BY THE DEPARTMENT IS NOT MAIN TAINABLE IN VIEW OF THE TAX EFFECT. THIS APPEAL IS BELOW THE MONETARY LIMIT AS CONTENDED BY THE LEA RNED COUNSEL FOR THE ASSESSEE. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPR ESENTATIVE WOULD SUBMIT THAT UNDER THE GIVEN SET OF FACTS AND CIRCUMSTANCES THIS APPEAL WO ULD NOT HIT BY THE MONETARY LIMIT AND THE DEPARTMENT WELL WITHIN ITS LIMIT TO PREFER THIS APP EAL AS PER THE CBDT CIRCULAR. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON RECORD INCLUDING THE PRECEDENTS. THE TRIBUNAL KOLKATA BEN CH CONSISTENTLY TAKING THE VIEW THAT IN VIEW OF CBDTS CIRCULAR THE APPEAL PREFERRED BY TH E DEPARTMENT WOULD HIT BY THE MONETARY ITA NO.2151/KOL/2009-C-NVK 2 LIMIT. HENCE, WE ARE OF THE VIEW THAT THE APPEAL I S NOT MAINTAINABLE IN VIEW OF THE PRESCRIBED MONETARY LIMIT. THIS APPEAL IS LIABLE TO BE DISMISS ED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DI SMISSED. 4 $3 %$ 5 6 47 THIS ORDER IS PRONOUNCED IN OPEN COURT ON DT.14- 09-2011 SD/- SD/- ( . .. .'# '#'# '#. .. . , ,, ,$% ) ( C.D. RAO, ACCOUNTANT MEMBER ) ( , ) (N. VIJAYA KUMARAN, JUDICIAL MEMBER) ( (( (#% #% #% #%) )) ) DATE: 14-09-2011 $3 1 /'' 8$)9 / COPY OF THE ORDER FORWARDED TO: 1. . ,- / THE APPELLANT : DCIT,CIR-43, 3 GOVT PL(W), GR. F L., R.NO.7 KOL-1 2 /0,- / THE RESPONDENT- M/S. JEWEL INDIA JEWELLERS 41, MANOHARDAS STREET, KOL-7. 3. '3 / THE CIT, 4. '3 ( )/ THE CIT(A), 5 . :'6 /' / DR, KOLKATA BENCH 6 . GUARD FILE . 0 /'/ TRUE COPY, $3/ BY ORDER, 4 /ASSTT REGISTRAR . *PRADIP* ;< '= '> ITA NO.2151/KOL/2009-C-NVK 3