A.C.I.T., Circle-17,Kolkata, Kolkata V. Indrani Sanyal, Kolkata

ITA 2809/KOL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4508 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-07-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 18-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMA PRASAD NAG ACITSRDR
• Assessee Lawyers: I BAN ERJEE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 2809 / KOL / 2013 ASSESSMENT YEAR :2003-04 ACIT, CIRCLE-17, BAMBOOVILLA, 2 ND FLOOR, 169, A.J.C. BOSE ROAD, KOLKATA-700 014 V/S . INDRANI SANYAL APT-59, 29/13, BALLYGUNGE PARK, KOLKTA-700 019 [ PAN NO.AATPS 0947 H ] /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI RAMA PRASAD NAG, ACIT-SR-DR /BY RESPONDENT SHRI I. BANERJEE, FCA /DATE OF HEARING 11-07-2016 /DATE OF PRONOUNCEMENT 11-07-2016 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-XIV, KOLKATA D ATED 06.08.2013. ASSESSMENT WAS FRAMED BY ACIT, CIRCLE-17, KOLKATA U /S 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT) VIDE HIS ORDER DATED 31.12.2010 FOR ASSESSMENT YEAR 2003-04. SHRI I. BAJERJEE, LD AUTHORIZED REPRESENTATIVE APP EARED ON BEHALF OF ASSESSEE AND SHRI RAMA PRASAD NAG, LD DEPARTMENTAL REPRESENTATIVE APPEARED ON BEHALF OF REVENUE. 2. AT THE OUTSET, THE TAX EFFECT INVOLVED IN THIS A PPEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMITS RE CENTLY FIXED BY ITA NO.2809/KOL/2013 A.Y. 2003-04 ACIT, CIR-17, KOL. VS. INDRANI SANYAL PAGE 2 THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10 LACS . 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. 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 LACS AND AS CL ARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABL E RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. TH E CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THI S SPECIFIED TAX LIMIT OF RS.10 LACS MAY BE WITHDRAWN / NOT PRESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015 , WHICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN /NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT 11/ 07/2016 SD/- SD/- ( !') (!') (N.V.VASUDEVAN) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP $!% &- 11 / 07 /201 6 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-ACIT, CIRCLE-17, BAMBOOVILLA, 2 ND FLOOR, 169 AJC BOSE RD. KOL-14 2. /RESPONDENT- INDRANI SANYAL, APT-59, 29/13, BLLYGUNGE PA RK, KOLKATA-19 3.%.%/01 1 2 / CONCERNED CIT KOLKATA 4. 1 1 2- / CIT (A) KOLKATA 5.567 /0, 1 /0 , / DR, ITAT, KOLKATA 6.7:;<= / GUARD FILE. BY ORDER/ 1!, /TRUE COPY/ / % 1 /0 ,