I.T.O.,Ward-3(4), Kalimpong V. M/s Marda Associates, Kalimpong

ITA 2495/KOL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2335 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 26-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANNA JCIT LD
• Assessee Lawyers: SUBASH AGARWAL LD
• Keywords: Tax effect
• Section: 201

Judgement Text

1 ITA NO. 2495/KOL/19 M/S. MARDA ASSOCIATEES. IN THE INCOME TAX APPELLATE TRIBUNAL C - SMC BENCH: KOLKATA [BEFORE SHRI A.T.VARKEY , HONBLE J M ] I .TA NO. 24 9 5 /KOL/201 9 A.Y 20 1 1 - 12 I.T.O. WARD 3 (4) , KAILMPONG VS. M/S. MARDA ASSOCIATES PAN: AALFM7955K APPELLANT RESPONDENT DATE OF HEARING 03 - 02 - 2020 DATE OF PRONOUNCEMENT 20 - 03 - 2020 FOR THE APPELLANT S HRI JAYANTA KHANNA, JCIT, LD.SR.DR FOR THE RESPONDENT SHRI SUBASH AGARWAL, ADVOCATE, LD.AR ORDER PER SHRI A.T. VARKEY, JM TH IS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. C I T (APPEALS) , SILIGURI DATED 19 - 0 9 - 2019 FOR THE ASSESSMENT YEAR 201 1 - 12. 2. AT THE OUTSET ITSELF, IT IS NOTED THAT REVENUE S APPEAL IS HIT BY CBDT CIRCULAR NO. 17/2019 DATED 05.05.2019 AND THE TAX EFFECT INVOLVED IN THIS APPEAL O F REVENUE IS RS. 26,40,685/ - (TOTAL ADDITION), WHICH IS LESS THAN RS. 50 LACS, THEREFORE, THE REVENUE S APPEAL BEFORE THIS TRIBUNAL IS NOT MAINTAINABLE IN VIEW OF CITED THE CB D T CIRCULAR NO. 17/2019 DATED 05.05. 2019. SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN RS. 50 LACS, WE TREAT THE REVENUE APPEAL TO FALL IN THE KEN OF CBDT CIRCULAR (SUPRA) AND SO WE DISMISS IT AS NOT MAINTAINABLE. HOWEVER, THE REVENUE IS AT LIBERTY TO PREFER MIS C . APPLICATION TO RECALL THIS ORDER PROVIDED IT FALLS UNDER ANY OF THE EXCEPTION CLAUSES CITED IN THE CBDT CIRCULAR (SUPRA). 3. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 - 03 - 2020 SD/ - ( A.T.VARKEY ) JUDICIAL MEMBER DATED 20 - 03 - 2020 2 ITA NO. 2495/KOL/19 M/S. MARDA ASSOCIATEES. PP(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT/ REVENUE: O/O I NCOME TAX OFFICER, WARD 3 (4), RINGKINGPONG ROAD, KALIMPONG, PIN - 734301. 2 RESPONDENT/ ASSESSEE: M/S. MARDA ASSO CITES, MARDA BUILDING, 10 TH MILE, RISHI ROAD, KALIMPONG, PIN - 734301. 3. CIT, 4. CIT(A), KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA **PP/SPS TRUE COPY BY BY ORDER ASSISTANT REGISTRAR ITAT KOLKATA