DCIT, Circle - 11(1) , Kolkata V. M/s. G.S. Atwal & Company (Engineers) Pvt. Ltd., , Kolkata

ITA 2228/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2763 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1999-2000
• Appeal Filed On: 30-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Keywords: Tax effect
• Section: 22

Judgement Text

I.T.A. NOS. 22 28 TO 2233/KOL/2019 & C.O. NOS. 49 TO 54/KOL/2019 (IN ITA NOS. 2228 TO 2233/KOL/2019) ASSESSMENT YEARS: 1999-2000 TO 2004-20 05 M/S. G.S. ATWAL & CO . (ENGG.) PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A. NOS. 2228, 2229, 2230, 2231, 2232 & 2233/KO L/2019 ASSESSMENT YEARS: 1999-2000 TO 2004-2005 DEPUTY COMMISSIONER OF INCOME TAX,................. .........................APPELLANT CIRCLE-11(1), KOLKATA, AAYAKAR BHAWAN, 6 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 -VS.- M/S. G.S. ATWAL & CO. (ENGG.) PVT. LIMITED,........ ..................RESPONDENT JUBILEE PARK, 4B, LITTLE RUSSEL STREET, SHAKESPEARE SARANI, KOLKATA-700071 [PAN:AABCG0816E] & C.O. NOS. 49, 50, 51, 52, 53 & 54/KOL/2019 (IN I.T.A. NOS. 2228, 2229, 2230, 2231, 2232 & 223 3/KOL/2019) ASSESSMENT YEARS: 1999-2000 TO 2004-2005 M/S. G.S. ATWAL & CO. (ENGG.) PVT. LIMITED,........ ..................CROSS OBJECTOR JUBILEE PARK, 4B, LITTLE RUSSEL STREET, SHAKESPEARE SARANI, KOLKATA-700071 [PAN:AABCG0816E] -VS.- DEPUTY COMMISSIONER OF INCOME TAX,................. ...........................RESPONDENT CIRCLE-11(1), KOLKATA, AAYAKAR BHAWAN, 6 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 APPEARANCES BY: SMT. RANU BISWAS, SR. D.R. , FOR THE REVENUE SHRI SOUMITRA CHOUDHURY, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : MARCH 17, 2020 DATE OF PRONOUNCING THE ORDER : MARCH 17, 2020 O R D E R PER BENCH: THESE SIX APPEALS ARE PREFERRED BY THE REVENUE AGAI NST A COMMON ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2 0, KOLKATA DATED 4 TH JULY, 2019 FOR ASSESSMENT YEARS 1999-2000 TO 2004-0 5 AND THE SAME ARE I.T.A. NOS. 22 28 TO 2233/KOL/2019 & C.O. NOS. 49 TO 54/KOL/2019 (IN ITA NOS. 2228 TO 2233/KOL/2019) ASSESSMENT YEARS: 1999-2000 TO 2004-20 05 M/S. G.S. ATWAL & CO . (ENGG.) PVT. LIMITED 2 BEING DISPOSED OF BY A SINGLE CONSOLIDATED ORDER AL ONG WITH THE CROSS OBJECTIONS FILED BY THE ASSESSEE BEING C.O. NOS. 49 TO 54/KOL/2019. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN EACH OF SIX APPEALS IS LESS THAN THE MONETARY LIMIT OF RS.50,00,000/- FIXED BY THE C.B.D.T. VIDE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 FOR FILING THE APPEAL BY THE REVENUE B EFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE RECORD IS NO T DISPUTED EVEN BY THE LD. D.R. AS CLARIFIED BY THE CBDT IN THE SAID CIRCU LAR, THE REVISED MONETARY LIMIT OF RS.50,00,000/- FOR FILING THE APP EAL BY THE REVENUE BEFORE THE TRIBUNAL IS APPLICABLE EVEN TO THE PENDI NG APPEALS AND SUCH APPEALS ARE LIABLE TO BE DISMISSED AS WITHDRAWN OR NOT PRESSED. WE ACCORDINGLY TREAT ALL THESE SIX APPEALS OF THE REVE NUE AS WITHDRAWN/NOT PRESSED AND DISMISS THE SAME ON ACCOUNT OF LOW TAX EFFECT. 3. AS A RESULT OF THE DISMISSAL OF THE CORRESPONDIN G APPEALS OF THE REVENUE ON ACCOUNT OF LOW TAX EFFECT, THE CROSS OBJ ECTIONS FILED BY THE ASSESSEE BEING C.O. NOS. 49 TO 54/KOL/2019 HAVE BEC OME INFRUCTUOUS AS AGREED EVEN BY THE LD. COUNSEL FOR THE ASSESSEE AND THE SAME ARE ALSO LIABLE TO BE DISMISSED. 4. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AS WELL AS THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 17, 202 0. SD/- SD/- (SATBEER SINGH GODARA) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 17 TH DAY OF MARCH, 2020 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, AAYAKAR BHAWAN, 6 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 I.T.A. NOS. 22 28 TO 2233/KOL/2019 & C.O. NOS. 49 TO 54/KOL/2019 (IN ITA NOS. 2228 TO 2233/KOL/2019) ASSESSMENT YEARS: 1999-2000 TO 2004-20 05 M/S. G.S. ATWAL & CO . (ENGG.) PVT. LIMITED 3 (2) M/S. G.S. ATWAL & CO. (ENGG.) PVT. LIMITED, JUBILEE PARK, 4B, LITTLE RUSSEL STREET, SHAKESPEARE SARANI, KOLKATA-700071 (3) COMMISSIONER OF INCOME TAX (APPEALS)-20, KOLK ATA, (4) COMMISSIONER OF INCOME TAX , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.