I.T.O Wd - 8(1),kolkata, Kolkata V. M/s Alkharsh International Pvt Ltd, Kolkata

ITA 2248/KOL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4786 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 14-06-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 13-08-2013
• Court: TRIBUNAL
• Department Lawyers: ALOKE NAG
• Assessee Lawyers: D S DAMLE
• Keywords: Tax effect

Judgement Text

I.T.A. NOS. 2248 & 2249/KOL./2013 ASSESSMENT YEARS: 2006-2007 & 2008-2009 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NOS. 2248 & 2249/KOL/ 2013 ASSESSMENT YEARS: 2006-2007 & 2008-2009 INCOME TAX OFFICER,................................ .................................APPELLANT WARD-8(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 -VS.- M/S. ALKHARSH INTERNATIONAL PVT. LIMITED,.......... ...................RESPONDENT 9 TH FLOOR, DALMIA HOUSE, 13, NELLIE SENGUPTA SARANI, ESPLANADE, KOLKATA-700 087 [PAN : AACCA 1563 D] APPEARANCES BY: SHRI ALOKE NAG, JCIT, D.R., FOR THE DEPARTMENT SHRI D.S. DAMLE, FCA, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JUNE 14, 2016 DATE OF PRONOUNCING THE ORDER : JUNE 14, 2016 O R D E R PER BENCH :- THESE TWO APPEALS ARE PREFERRED BY THE REVENUE AGAI NST TWO SEPARATE ORDERS PASSED BY THE LD. COMMISSIONER OF I NCOME TAX (APPEALS)- VIII, KOLKATA DATED 21.05.2013 AND 22.05.2013 FOR T HE ASSESSMENT YEARS 2006-07 AND 2008-09 RESPECTIVELY. 2. AT THE TIME OF HEARING BEFORE US, THE LD. COUNSE L FOR THE ASSESSEE HAS POINTED OUT THAT THE TAX EFFECT INVOLVED IN BOTH TH ESE APPEALS OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT REC ENTLY FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 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 I.T.A. NOS. 2248 & 2249/KOL./2013 ASSESSMENT YEARS: 2006-2007 & 2008-2009 PAGE 2 OF 2 IN THESE APPEALS IS NOT DISPUTED EVEN BY THE LD. D. R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MO NETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNA L HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFIED IN THE SAID CIRC ULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APP EALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PE NDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE W ITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY THE CBDT V IDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICA BLE IN THE PRESENT CASE, THE APPEALS FILED BY THE REVENUE IN THIS CASE ARE TREATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 14, 2016 . SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 14 TH DAY OF JUNE, 2016 COPIES TO : (1) INCOME TAX OFFICER, WARD-8(1), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (2) M/S. ALKHARSH INTERNATIONAL PVT. LIMITED, 9 TH FLOOR, DALMIA HOUSE, 13, NELLIE SENGUPTA SARANI, ESPLANADE, KOLKATA-700 087 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-VIII, KOL KATA (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.