DCIT, Circle - 4, Kolkata, Kolkata V. M/s. Bansal Agro & Tea Manufacture Pvt. Ltd., Kolkata

ITA 2249/KOL/2010

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3478 (ITAT-KOLKATA)
• Duration Of Justice: 5 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-07-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 22-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY MUKHERJEE J
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 2249 / KOL / 2010 ASSESSMENT YEAR :2006-07 DCIT, CIRCLE-4, P-7, CHOWRINGHEE SURE, 8 TH FLOOR, KOLKATA-700 013 V/S . M/S BANSAL AGRO & TEA MANUFACTURE PVT. LTD.71, G.C. AVENUE, KOLKATA-700 013 [ AACCB 1450 G ] /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI SANJAY MUKHERJEE, JCIT-DR /BY RESPONDENT SHRI MANOJ KATARUKA, ADVOCATE /DATE OF HEARING 22-01-2016 /DATE OF PRONOUNCEMENT 22-01-2016 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-IV, KOLKATA DATED 24.03.2010. ASSESSMENT WAS FRAMED BY ITO WARD-45(2), KOLKATA U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORD ER DATED 22.12.2008 FOR ASSESSMENT YEAR 2006-07. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THIS APPEAL OF T HE REVENUE IS LESS THAN THE REVISED MONETARY LIMITS RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10 LACS . FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRI BUNAL AND THIS ITA NO.2249/KOL/2010 A.Y. 2006-07 DCIT CIR-4, KOL. V. M/S BANSAL AGRO & TEA MFG. PVT. LTD. PA GE 2 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 MO NETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE TR IBUNAL HAS BEEN INCREASED TO RS.10 LACS AND AS CLARIFIED IN THE SAI D CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY E VEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS A LSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPE CIFIED TAX LIMIT OF RS.10 LACS MAY BE WITHDRAWN/ NOT PRESSED. KEEPIN G IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/ 2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN THE PRE SENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT 22/ 01/2016 SD/- SD/- (MAHAVIR SINGH) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP !- 22 / 0 1/201 6 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-DCIT, CIRCLE-4, P7, CHOWRINGHEE SQUARE, 8 TH FLOOR, KOLKATA-69 2. /RESPONDENT- M/S BANSAL AGRO & TEA MANUFACTURE PVT. LTD.,71,G.C. AVENUE KOL-13 3. ) *+ , , - / CONCERNED CIT KOLKATA 4. , , -- / CIT (A) KOLKATA 5. 012 33*+, , *+ , / DR, ITAT, KOLKATA 6. 267 89 / GUARD FILE. BY ORDER/ , , /TRUE COPY/ / , *+ ,