ACIT Circle-26(1) Kolkata, Kolkata V. Shri Sitaram Kedia, Kolkata

ITA 2217/KOL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8622 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 27-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Tax effect
• Section: 201; 12; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, KOLKATA (AT E - COURT, PUNE) BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT . / ITA NO S . 2 216 & 2217 /KOL/ 201 9 / ASSESSMENT YEAR S : 20 1 2 - 1 3 & 2013 - 14 THE ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 26(1), KOLKATA ....... / APPELLANT / V/S. SHRI SITARAM KEDIA, 2 ND FLOOR, ROOM NO.6A, GANESH CHANDRA AVENUE, KOLKATA 700013 PAN: AFKPK0860P / RESPONDENT ASSESSEE BY : SHRI MANOJ KATARUKA REVENUE BY : SHRI JAYANTA KHANRA / DATE OF HEARING : 2 3 - 03 - 2021 / DATE OF PRONOUNCEMENT : 23 - 03 - 2021 / ORDER BOTH THE SE APPEAL S FILED BY THE REVENUE ARE DIRECTED AGAINST ORDER (S) OF LD. C OMMISSIONER OF I NCOME - TAX (APPEALS) - 7 , KOLKATA, DATED 17 - 0 1 - 2019 FOR ASSESSMENT YEAR S 201 2 - 1 3 AND 2013 - 14 . 2. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL S FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY CBDT. 2 ITA NO S . 2 216 & 2217 /KOL/2019, A.Y. 201 2 - 1 3 & 2013 - 14 3. THE CBDT HAS ISSUED CIRCULAR NO.17/2019 DATED 08 - 08 - 2019 REVISING UPWARD THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT IN INCOME - TAX CASES BEFORE VARIOUS APPELLATE FORUMS. THE EARLIER CIRCULAR NO.03/2018 DATED 11 - 07 - 2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE BEFORE T HE TRIBUNAL AT RS.20.00 LAKH. SUCH LIMIT HAS NOW BEEN ENHANCED IN THE CIRCULAR DATED 08 - 08 - 2019 TO RS.50.00 LAKH. SINCE TAX EFFECT IN THE APPEAL UNDER CONSIDERATION IS LESS THAN THE REVISED MONETARY LIMIT OF RS.50.00 LAKH, I AM NOT INCLINED TO ENTERTAIN SUCH APPEAL. 4. AT THIS JUNCTURE, IT IS PERTINENT TO NOTE THAT THE CBDT VIDE F.NO.279/MISC/M - 13/2018 - ITJ DATED 20 - 08 - 2019 HAS CLARIFIED THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR NO.17/2019 ARE APPLICABLE TO ALL PENDING APPEALS. NOT ON LY THAT, IT HAS FURTHER BEEN DIRECTED TO THE COMPETENT AUTHORITIES TO WITHDRAW ALL SUCH APPEALS. 5 . IN VIEW OF THE FOREGOING DISCUSSION, I DISMISS BOTH THE SE APPEAL S FILED BY THE REVENUE HOLDING THE SAME TO BE NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT . 6 . IT IS HOWEVER CLARIFIED THAT IF SUBSEQUENTLY IT IS FOUND BY THE CONCERNED AO THAT THE TAX EFFECT IN THE APPEAL S IS MORE THAN THE PRESCRIBED MONETARY 3 ITA NO S . 2 216 & 2217 /KOL/2019, A.Y. 201 2 - 1 3 & 2013 - 14 LIMIT OF RS.50.00 LAKH OR TH E CASE IS COVERED BY ANY EXCEPTION, IT WILL BE OPEN TO THE REVENUE TO MOVE THE TRIBUNAL FOR TAKING NECESSARY ACTION. 7 . IN THE RESULT, BOTH THE APPEAL S OF REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 3 RD MARCH, 2021. SD/ - ( P.M. JAGTAP ) VICE PRESIDENT / PUNE; / DATED : 2 3 R D MARCH, 2021. GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) - 7 , KOLKATA 4. THE CIT CONCERNED 5. , , , / DR, ITAT, SMC BENCH, KOLKATA . 6. / GUARD FILE. / BY ORDER, // // TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE