ITO, Ward-6(2), Kolkata V. Goodview Tradecom (P) Ltd, Kolkata

ITA 28/KOL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0200 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-09-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 07-02-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

आयकर अपील य अ धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA ी राजपाल यादव,उपा य (कोलकाता े ) एवं ी राजेश क ु मार, लेखा सद य के सम [Before Shri Rajpal Yadav, Vice-President (KZ)& Shri Rajesh Kumar, Accountant Member] I.T.A. No. 28/Kol/2021 Assessment Year: 2012-13 ITO, Ward-6(2), Kolkata Vs. Goodview Tradecom Pvt. Ltd. (PAN: AADCG 6446 Q) Appellant / (अपीलाथ!) Respondent / ("#यथ!) Date of Hearing / स ु नवाई क& 'त(थ 26.09.2022 Date of Pronouncement / आदेश उ*घोषणा क& 'त(थ 19.10.2022 For the Appellant / 'नधा/0रती क& ओर से Shri Abhishek Bansal, FCA For the Respondent / राज व क& ओर से Shri P. P. Barman, Addl. CIT ORDER/ आदेश Per Shri Rajesh Kumar, AM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-7, Kolkata [hereinafter referred to as ‘ Ld. CIT(A)’] dated 17.02.2020 for the assessment year 2012-13. 2. Though the Registry has pointed out that the appeal is barred by limitation, however, in view of the decision of the Hon’ble Supreme Court in Miscellaneous Application No. 665 of 2021 in SMW(C ) No. 3 of 2020, the period of filing appeal 2 ITA No. 28/Kol/2021 AY: 2012-13 Goodview Tradecom Pvt. Ltd. during the COVID-19 pandemic is to be excluded for the purpose of counting the limitation period. In view of this, the appeal is treated as filed within the limitation period. 3. At the outset ,the Ld. Counsel for the assessee submitted that the CBDT has issued a Circular No. 17/2019 dated 08.08.2019, whereby the monetary limits for filing of appeal by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as a measure for reducing Litigation. The revised monetary limits laid down in para-2 of this Circular are as follows: 1. Before Appellate Tribunal Rs. 50,00,000/- 2. Before High Court Rs.1,00,00,000/- 3. Before Supreme Court Rs. 2,00,00,000/- 4. In the present case, the tax effect by the revenue is less than Rs.50,00,000/-. We note that this appeal had been filed by the revenue on 08.02.2021 and since the tax effect is within the monetary limit for filing appeals before Tribunal, in view of theCircular of CBDT (supra) at the first place, Revenue should not have preferred this appeal. In view of the above, we hold that the appeal filed by the Department, against the impugned order of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeal filed by the Departmentis dismissed in limine. 5. As a matter of caution, we observe that if the Revenue finds at a later point of time that the tax effect in the appeal is more than Rs.50 lakhs or despite low tax effect, the appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. 3 ITA No. 28/Kol/2021 AY: 2012-13 Goodview Tradecom Pvt. Ltd. 6. In the result, appeal of the revenue is dismissed. Order is pronounced in the open court on 19 th October, 2022 Sd/- Sd/- (Rajpal Yadav / राजपाल यादव) (Rajesh Kumar / राजेश क ु मार) Vice-President /उपा य Accountant Member / लेखा सद य Dated: 19 th October, 2022 SB, Sr. PS Copy of the order forwarded to: 1. Appellant- ITO, Ward-6(2), Kolkata 2. Respondent – M/s Goodview Tradecom Pvt. Ltd., Block-A, Ground Floor, P- 889, Laketown, Kolkata-700089 3. Ld. CIT(A)-7, Kolkata (sent through e-mail) 4. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata