A.C.I.T Cir - 3,Asansol, Asansol V. M/s Maheshwari Mining Associates(JV), Raniganj

ITA 2506/KOL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4831 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 30-10-2013
• Court: TRIBUNAL
• Department Lawyers: SUDIPTA GUHA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M.JAGTAP, AM & SHRI S.S.VISWANETHRA RAVI, JM ] ITA NO. 2506/KOL/2013 : ASSESSMENT YEAR : 20 06-07 ACIT, CIRCLE-3, ASANSOL VS M/S. MAHESHWARI MINING ASSOCIATES(JV) PAN : AALFM 7734J (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SUDIPTA GUHA, JCIT, SR .DR FOR THE RESPONDENT : SHRI SUBASH AGARWAL, ADVOCATE DATE OF HEARING : 24.05.2016 DATE OF PRONOUNCEMENT : 24.05.2016 ORDER PER SHRI S.S.VISWANETHRA RAVI, JM THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 16.08.2013 PASSED BY THE CIT(APPEALS), ASANSO L IN APPEAL NO.181/C.I.T.(A)/ASL/CIR-3/ASL/12-13 FOR THE ASSESS MENT YEAR 2006-07 FRAMED UNDER SECTION 143(3) OF THE I.T.ACT. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSES SEE, AT THE OUTSET, THE TAX EFFECT INVOLVED IN THESE APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10TH 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 IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. ITA NO. 2506/KOL/2013 M/S. MAHESHWARI MINING ASSOCIATES (JV). 2 IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND A S CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLI CABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPE ALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE W ITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY T HE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQU ARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND D ISMISSED ACCORDINGLY. 3. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.05.2016 SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 /05/2016 TALUKDAR (SR.PS) COPY OF THE ORDER FORWARDED TO: 1. M/S. MAHESHWARI MINING ASSOCIATES (JV), 21, C.L. M. LANE, RANIGANJ- 713347 2 ACIT , CIRCLE-3, ASANSOL. 3. THE CIT-I, 4. THE CIT(A)-I, 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES ITA NO. 2506/KOL/2013 M/S. MAHESHWARI MINING ASSOCIATES (JV). 3