Income Tax Officer-Ward-35(3), Kolkata, Kolkata V. Sri Laxmipat Sethia, Kolkata

ITA 2750/KOL/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4218 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 16-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 11-12-2013
• Court: TRIBUNAL
• Department Lawyers: AMITABHA CHOUDHURY
• Assessee Lawyers: N O N E
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

1 ITA NO. 2750/KOL/2013 SRI LAXMIPAT SETHIA , AY 2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI K. NARASIMHA CHARY, JM] I.T.A NO. 2750/KOL/2013 ASSESSMENT YEAR: 2009-10 INCOME-TAX OFFICER, WD-35(3), KOLKATA. VS. SHRI LAXMIPAT SETHIA (PAN: AKOPS6256Q) ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 16.11.2016 DATE OF PRONOUNCEMENT: 16.11.2016 FOR THE APPELLANT: SHRI AMITABHA CHOUDHURY, JCIT FOR THE RESPONDENT: N O N E ORDER PER SHRI K. NARASIMHA CHARY, JM: THIS APPEAL BY REVENUE IS ARISING OUT OF ORDER OF C IT(A)-XX, KOLKATA VIDE APPEAL NO. 404/CIT(A)-XX/WD-35(3)/2011-12/KOL DATED 27.09. 2013. ASSESSMENT WAS FRAMED BY ITO, WARD-35(3), KOLKATA U/S. 143(3) OF THE INCOME- TAX ACT, 1961(HEREINAFTER REFERRED TO AS THE ACT) FOR AY 2009-10 VIDE HIS ORDER DATED 27.1 2.2011. 2. NONE APPEARED ON BEHALF OF ASSESSEE AT THE TIME OF HEARING BEFORE US. AT THE OUTSET, IT IS SEEN THAT THE QUANTUM INVOLVED IN THIS CASE I S RS.43,83,322/-AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS RS.9,84,135/-, WHICH IS LESS THAN RS. 10 LACS. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS 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. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MAT ERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER A NY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DO ES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR, AS THIS IS COVER ED. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL A PPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE T AX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF C USTOMS VS INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TA X EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 2 ITA NO. 2750/KOL/2013 SRI LAXMIPAT SETHIA , AY 2009-10 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFE CT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE ME RITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (K. NARASIMHA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :16 TH NOVEMBER, 2016 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT ITO, WARD-35(3), KOLKATA. 2 RESPONDENT SRI LAXMIPAT SETHIA, C/O, CHAMPALAL & C O., 1 ST FLOOR, 23/24, RADHA BAZAR STREET, SETHIA HOUSE, KOLKATA-70 0 001.. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .