D.C.I.T., Circle-4, Kolkata, Kolkata V. M/s Maud Tea & Seed Co. Ltd., Kolkata

ITA 2726/KOL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100307 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2015
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 05-12-2013
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect
• Section: 147; 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : B BENCH : KOLKATA BEFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM ITA NOS.& A.Y REVENUE / REP. BY VS. ASSESSEE/PAN/& REP. BY QUANTUM INVOLVED (RS.) TAX EFFECT INVOLVED 2726/K/13 A.Y 2009-10 DCIT,CIR-4, KOLKATA REP. BY: NONE M/S. MAUD TEA & SEED CO. LTD 2, N.C DUTTA SARANI, 5 TH FL, KOL-1 PAN:AACCM0710C REP. BY: NONE 16,73,596/- 6,15,046/- 2751/K/13 A.Y 2003-04 I.T.O. WARD 11(2), KOLKATA REP. BY: NONE M/S. SUJALA DEVELOPERS PVT.LTD. 61/23 MOORE AVENUE, KOL-40 PAN:AAECS 6317B REP. BY: NONE 15,30,651/- 5,62,514/- 2707/K/13 A.Y 2009-10 I.T.O WARD 35(1), KOLKATA REP. BY: NONE SRI PRADEEP KR. DAGA C/O DEEPAK INDUSTRIES LTD 16 HARE STREET, 2 ND FL., KOL-1 PAN:AGAPD 8547R REP. BY : NONE 15,34,629/- 5,21,774/- 2704/K/13 A.Y 2010-11 I.T.O WARD 1(3), SILIGURI REP. BY : NONE SRI GOPI KISHAN KALLANI C/O HIMALAYAN AUTO STORES, HILL CART ROAD, SILIGURI 734001 PAN: ANKP0903B REP. BY: NONE 26,08,978/- 8,87,052/- 1426/K/14 A.Y 2009-10 I.T.O WARD 42(3), KOLKATA REP. BY: NONE M/S. SREEMA ELECTRONICS 98/1E GOPAL LAL TAGORE ROAD, BARANAGAR, KOL-36 PAN: AAMFC5660C REP. BY: NONE 24,86,437/- 8,45,389/- 1386/K/14 A.Y 2008-09 D.C.I.T, CIR-2 JALPAIGURI REP. BY : NONE SHRI RATAN LAL AGARWAL OLD HASIMARA, P.O HASIMARA, DIST: JALPAIGURI PIN 735125, PAN:ACUPA 5886A REP. BY : NONE 3,81,000/- 1,29,540/- IT(SS) NO.106/K/14 A.Y 2005 - 06 DCIT,C.C- III,KOLKATA REP. BY: NONE M/S. M.B ISPAT CORPRN LTD APEEJAY HOUSE15 PARK ST, KOL - 16 17,22,900/- 5,85,786/- T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 2 PAN:AADCM522C REP. BY : NONE 107/K/14 A.Y 2009-10 DCIT,C.C-VII, KOLKATA REP. BY: NONE UMA DEVI BANKA 8A JINDAL HOUSE, ALIPUR,KOLKATA-27 PAN:AEIPB 4694K REP. BY: SHRI AMIT KUMAR, ACA 1,94,054/- 65,978/- 1279/K/14 A.Y 2009-10 I.T.O WARD 1(2), ASANSOL REP. BY: NONE GOPAL BHATTACHARJEE RAGHUNATH NIWAS, SEN RELEIGH ROAD, ASANSOL 713304,PAN: AMYPB6155H REP. BY : NONE 26,99,413/- 9,17,800/- 1474/K/14 A.Y 2009-10 DCIT,CIR-53, KOLKATA REP. BY: NONE M/S. SUKSHAM SINGH UPEN BANERJEE ROAD RIC, BEHALA INDUSTRIAL ESTATE, KOL-60 PAN: AMAPS 6610C REP. BY : NONE 16,84,687/- 5,72,794/- 1553/K/14 A.Y 2010-11 ACIT,CIR-3 ASANSOL REP. BY : NONE M/S. GDA CEMENT INDUSTRY PVT. LTD CHOWDHURY MARKET, S.N SARKAR ROAD, MUNSIFF DANGA, PURULIA-723101 PAN: AADCG4934F REP. BY : NONE 24,01,187/- 8,16,403/- 887/K/14 A.Y 2009-10 I.T.O WARD 31(1), KOLKATA REP. BY : NONE SMT.SARJEET MANSUKH 14 WESTON ST, KOL-13 PAN:ALGPM 8073L REP. BY : NONE 15,82,283/- 5,37,976/- IT(SS) NO.41/K/15 A.Y 2008-09 DCIT,CC-1(3), KOLKATA REP. BY : NONE M/S. BONAI INDUSTRIAL COMPANY LTD 8A EXPRESS TOWER, 42A, SHAKESPEARE SARANI, KOL- 17 PAN: AAACB 9156F REP. BY : NONE 25,51,399/- 8,67,476/- 930/K/15 A.Y 2010-11 I.T.O (TDS), WARD 3(1) KOLKATA REP. BY : NONE M/S. RIVER BANK DEVELOPERS PVT.LTD 225C, AJC BOSE ROAD, 4 TH FL., KOL-20 PAN: AADCR 7997K REP. BY : NONE 201(1) INT. 9,01,599/- 9,01,599/- T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 3 860/K/15 A.Y 2004-05 I.T.O WARD 50(1), KOLKATA REP. BY : NONE M/S. KALPATARU ELECTRICALS GOBARDANGA STATION ROAD, GOBARDANGA, NORTH 24 PGS, PIN 743243 PAN:AAFFK3191F REP. BY : NONE 19,81,978/- 6,73,872/- 812/K/15 A.Y 2007-08 ITO, WARD 29(4), KOLKATA REP. BY : NONE SIREMDRA KR. LOHIA 4 ALIPORE PARK ROAD, KOL- 27 PAN: AAWPL 3827G REP. BY : NONE 28,35,162/- 9,63,955/- 796/K/15 A.Y 2008-09 I.T.O WARD 58(2), KOLKATA REP. BY : NONE SRI BISWANATH BANERJEE 79, SPB BLOCK, BAGHAJATIN, KOL-86 PAN:ADPPB9285Q REP. BY: SRI VIGYANESHWAR NATH DUTTA, ADVOCATE 271(1)( C) PENALTY 3,81,872/- 3,81,872/- 840/K/15 A.Y 2009-10 I.T.O WARD 44(3), KOLKATA REP. BY : NONE SRI SANAT PAUL 19/1 KAMAR PARA LANE, KOL-3 PAN: AFQPP0588P REP. BY : NONE 11,98,301/- 4,07,422/- 839/K/15 A.Y 2004-05 DCIT, CIR- 1(1),KOL REP. BY : NONE M/S. JESSOP & CO. LTD 21 & 22 JESSORE ROAD, KOL-28 PAN:AACJ6969N REP. BY : SMT. VARSHA JALAN, ADVOCATE 28,98,932/- 9,85,637/- 779/K/15 A.Y 2008-09 I.T.O WARD 48(3), KOLKATA REP. BY : NONE GIASUDDIN SARDAR VILL:CHAKBANEKHA P.O RAMESHWARNAGAR, HOWRAH- 711310 PAN:AVHPS3109E REP. BY : NONE 14,58,379/- 4,95,849/- 815/K/15 A.Y 2008-09 DCIT,CIR 10(1), KOLKATA REP. BY : NONE M/S. DREAM BAKE PVT. LTD 296 KULU KHAN ROAD, KOL-154 PAN:AABCD 1189R REP. BY : NONE 5,44,201/- 1,85,028/- 1502/K/14 A.Y 2008-09 I.T.O WARD 1(3), ASANSOL REP. BY : NONE MRITUNJOU CHAKRABORTY L/H LATE NARAYAN CHAKRABORTY, PROP: M/S. NEAMATPUR F.L OFF SHOP- II, P.O NEAMATPUR DT. 24,55,549/- 8,34,887/- T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 4 BURDWAN, PIN 713359 PAN:AEWPC 5697K REP. BY : NONE 1596/K/14 A.Y 2010-11 ACIT,CIR-33, KOLKATA REP. BY : NONE M/S. G.D CONSTRUCTION & CO. 556 DUM DUM PARK, KOL-55 PAN: AACFG 8998D REP. BY : NONE 40,87,079/- INCLUDING LTCG OF 35,61,626/- 9,85,718/- 2172- 2176/K/14 A.YS. 2008-09, 10-11,09-10,11- 12 & 12-13 DCIT,CC-3(3), KOLKATA REP. BY : NONE M/S. BUBNA PROPERTIES PVT.LTD 4 FAIRLIE PLACE, 6 TH FL., ROOM NO.610, KOL-1 PAN:AADCB2886R REP. BY : NONE 20,52,903 8,98,316/- 22,22,989/- 3,22,236/- 2,22,115/- 6,97,987/- 3,05,427/- 7,55,816/- 1,09,560/- 75,519/- 1295/K/14 A.Y 2005-06 DCIT, CIR-5, KOLKATA REP. BY : NONE M/S. PKC STOCK BROKING (P) LTD 1 R.N MUKHERJEE ROAD, 5 TH FL., KOL-1 PAN:AABCP5618H REP. BY : NONE 9,83,177/- 3,34,280/- 1261/K/14 A.Y 2010-11 ACIT,CIR-34, KOL REP. BY: NONE BISWANATH PASSARI 16 INDIA EXCHANGE PL, KOL-1 PAN:AFYPP9144H REP. BY: NONE 17,69,980/- 6,01,793/- 1392/K/14 A.Y 2010-11 DCIT,CIR-2, SILIGURI REP. BY: NONE M/S. SEVOKE MOTORS (P) LTD 2 ND MILE, SEVOKE ROAD, SILIGURI PAN:AALCS 4331C REP. BY: NONE 8,43,487/- 2,86,785/- 1411/K/14 A.Y 2007-08 ACIT,CIR-33, KOLKATA REP. BY : NONE M/S. DALHOUSIE EXCHANGE 13F RUSSEL STREET, KOL-71 PAN: AAFFM 5013Q REP. BY: SHRI AMIT KUMAR, ACA 21,09,523/- 7,17,238/- 799/K/14 A.Y 2006-07 DCIT,CIR-3, KOLKATA REP. BY: NONE M/S. BENTEX FINANCIAL (P) LTD AJIT SETH BHAWAN, 4 TH FL., R.NO.403, 13 CROOKED LANE, KOL-69 PAN:AABCB1246P REP. BY: NONE 20,56,975/- 6,99,372/- 1212/K/14 A.Y 2008-09 ITO, W 33(3). KOLKATA REP. BY: NONE BASHIRUDDIN MULLICK 7 MOULAVI LANE, KOL-87 PAN:AIJPM 1454B 17,60,500/- 5,98,570/- T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 5 REP. BY: NONE 1109/K/14 A.Y 2005-06 I.T.O WARD 36(2), KOLKATA REP. BY: NONE SHYAMSUNDAR PANSARI 27/1 ARMENIAN ST GR. FL., KOL-1 PAN:AFVPP3034M REP. BY: NONE 9,39,309/- 3,37,725/- 1147/K/14 A.Y 2010-2011 I.T.O WARD 1(4), JALPAIGURI REP. BY: NONE M/S. USHA MOTORS FALKATA, JALPAIGURI PAN:AACFU2796H REP. BY: NONE 30,98,110/- 9,57,316/- 1417/K/14 A.Y 2009-10 I.T.O WARD 2(2), DURGAPUR REP. BY: NONE SUPRIYA GHOSH PROP: M/S. UMA SHANKAR TRADING AGENCY, GURUDWARA ROAD, BENECHITY, DURGAPUR-713213 PAN: AHRPG 1072E REP. BY: NONE 13,65,000/- 4,64,100/- 1235/K/14 A.Y 2007-08 ACIT, CIR-23, KOLKATA REP. BY: NONE SHRI ALOKE KUMAR SOMANI 65 COTTON ST, KOL-7 PAN:AMGPS1966B REP. BY: NONE 12,00,397/- 4,08,135/- 717/K/14 A.Y 2007-08 I.T.O WARD-2 MURSHIDABAD REP. BY : NONE LILA SEBAYAN NURSING HOME 13/9 A.C ROAD, P.O KHAGRA, DIST: MURSHIDABAD, PIN 742103 PAN AGRPK 2530L REP. BY: NONE 16,04,098/- 5,45,393/- 514/K/14 A.Y 2002-03 D.C.I.T, CIR-4, KOLKATA REP. BY: NONE M/S. EXIMPO TEA LTD 3B LAL BAZAR ST., 2 ND FL., KOL-1 PAN:AAACE 6546Q REP. BY: NONE 5,84,555/- 1,98,749/- DATE OF HEARING: 28-12-2015 DATE OF PRONOUNCEMENT: 28-12-2015 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 6 ORDER SHRI M.BALAGANESH, AM : THESE APPEALS OF THE REVENUE ARISE OUT OF THE VAR IOUS ORDERS OF THE LEARNED CIT(A) AGAINST THE ORDERS OF ASSESSMENT FRAMED U/S 147 / 1 43(3) / 144 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2. AT THE OUTSET, IT IS SEEN THAT THE TAX EFFECT O N THE DISPUTED ADDITIONS BEFORE US IS LESS THAN RS. 10 LACS. AS THE TAX EFFECT IN ALL THESE APPEALS ARE LESS THAN RS 10 LACS, THESE APPEALS ARE TAKEN UP TOGETHER AND DISPOSED OFF BY T HIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE MATER IALS AVAILABLE ON RECORD. IT IS SEEN FROM THE PERUSAL OF THE RECORDS THAT THE TOTAL TAX EFFECT ON THE ADDITIONS DISPUTED BEFORE US IS ADMITTEDLY BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIB UNAL BY THE REVENUE. IT WILL BE PERTINENT TO REPRODUCE THE RELEVANT PORTION OF THE SAID CIRCU LAR NO. 21 / 2015 DATED 10.12.2015 :- 3. HENCEFORTH, APPEALS / SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVEN HEREUNDER :- S.NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/- 2 BEFORE HIGH COURT 20,00,000/- 3 BEFORE SUPREME COURT 25,00,000/- IT IS CLARIFIED THAT AN APPEAL SHOULD NOT BE FILED MERELY BECAUSE THE TAX EFFECT IN A CASE EXCEEDS THE MONETARY LIMITS PRESCRIBED ABOVE . FILING OF APPEAL IN SUCH CASES IS TO BE DECIDED ON MERITS OF THE CASE. T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 7 4. FOR THIS PURPOSE, TAX EFFECT MEANS THE DIFFERE NCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE B EEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME I N RESPECT OF THE ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED (HEREI NAFTER REFERRED TO AS DISPUTED ISSUES). HOWEVER, THE TAX WILL NOT INCLUDE ANY I NTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARGEABILITY OF INTEREST IS THE ISSUE UNDER DISPUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT. IN CASES WHERE RETURNED LOSS IS REDUCED OR ASSESSED AS INCOM E, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. IN CAS E OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDU CED IN THE ORDER TO BE APPEALED AGAINST. 5. THE ASSESSING OFFICER SHALL CALCULATE THE TAX EF FECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES I N THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR , APPEAL, CAN BE FILED IN RESPECT O F SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF THE DIS PUTED ISSUES EXCEEDS THE MONETARY LIMIT SPECIFIED IN PARA 3. NO APPEAL SHA LL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIED IN PARA 3. IN OTHER WORDS, HENCEFORTH, A PPEALS CAN BE FILED ONLY WITH REFERENCE TO THE TAX EFFECT IN THE RELEVANT ASSESSM ENT YEAR. HOWEVER, IN CASE OF A COMPOSITE ORDER OF ANY HIGH COURT OR APPELLATE AU THORITY, WHICH INVOLVES MORE THAN ONE ASSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, APPEAL SHALL BE FILED IN RESPECT O F ALL SUCH ASSESSMENT YEARS EVEN IF THE TAX EFFECT IS LESS THAN THE PRESCRIBE D MONETARY LIMITS IN ANY OF THE YEAR(S), IF IT IS DECIDED TO FILE APPEAL IN RESPECT OF THE YEAR(S) IN WHICH TAX EFFECT EXCEEDS THE MONETARY LIMIT PRESCRIBED. IN CASE WHERE A COMPOSITE ORDER / JUDGEMENT INVOLVES MORE THAN ONE ASSESSEE, EACH A SSESSEE SHALL BE DEALT WITH SEPARATELY. 8. ADVERSE JUDGEMENTS RELATING TO THE FOLLOWING ISS UES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT: T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 8 (A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVISIONS OF AN ACT OR RULE ARE UNDER CHALLENGE, OR (B) WHERE BOARDS ORDER, NOTIFICATION, INSTRUCTION OR C IRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT, OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN A SSETS / BANK ACCOUNTS. 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/ TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRA WN / NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE IN STRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 3.1 WE FIND THAT INTENTION BEHIND THE CIRCULAR NO.2 1/2015 DATED 10-12-2015 NEEDS TO BE UNDERSTOOD IN THE FOLLOWING PERSPECTIVE:- BY PASSAGE OF TIME, THE MONEY VALUE HAS GONE DOWN, THE COST OF LITIGATION EXPENSES HAS GONE UP, NUMBER OF ASSESSES ON THE FI LES OF THE DEPARTMENT HAVE BEEN INCREASED AND CONSEQUENTLY, THE BURDEN ON THE DEPARTMENT IS ALSO INCREASED TO A TREMENDOUS EXTENT. THE CORRIDORS OF THE SUPERIOR COURTS ARE CHOKED WITH HUGE PENDENCY OF CASES. IN THIS VIEW OF THE MATTER, THE CBDT HAS RIGHTLY TAKEN A DECISION TO REVISE THE MONETARY LI MITS IN TUNE WITH THE PRESENT VALUE OF MONEY AND WITH A VIEW TO REDUCE THE LITIGA TION AND OFFERING RELIEF TO SMALL TAX PAYERS. THIS IS ALSO IN VIEW OF THE FACT THAT TIME AND ENERGY OF THE DEPARTMENT COULD BE USED MORE PRODUCTIVELY AND EFF ICIENTLY TO CATCH HOLD OF BIG FISHES, WHO IN TURN WOULD CONTRIBUTE MORE TO TH E DEVELOPMENT OF THE COUNTRY. 3.2. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MATERIALS AVAILABLE ON RECORD, WE COULD NOT SEE WHETHER THE IMPUGNED CA SE FALLS UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR. WE ALSO FIND TH AT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 9 CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS PO SITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC) WHEREIN THEIR LORDSHIPS EXAMINED THE EARLIER DECIS IONS OF THE APEX COURT WITH REGARD TO BINDING NATURE OF THE CIR CULARS AND LAID DOWN THAT WHEN A CIRCULAR ISSUED BY THE BOARD REMAINS IN OPERATION T HEN THE REVENUE IS BOUND BY IT AND CANNOT BE ALLOWED TO PLEAD THAT IT IS NOT VALID OR THAT IT IS CONTRARY TO THE TERMS OF THE STATUTE. HENCE WE HOLD THAT THE APPEAL(S) OF THE REVENUE DES ERVE TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THE APPEAL OF THE REVENUE IN LIMIN E , AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE ABOVE APPEALS OF THE REVENUE ARE DISMISSED INLIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 28.12.2015. 1.. THE APPELLANT CONCERNED: 2 THE RESPONDENT CONCERNED : 3 /THE CIT, 4.THE CIT(A ) SD/- ( MAHAVIR SINGH, JUDICIAL MEMBER ) SD/- (M. BALAGANESH, ACCOUNTANT MEMBER) DATE 28 /12/2015 COPY OF THE ORDER FORWARDED TO: T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 10 5. DR, KOLKATA BENCH 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT REGISTRAR **PRADIP/SPS