D.C.I.T., Circle-10, Kolkata, Kolkata V. Eriabarie Films & Foils Pvt. Ltd., Kolkata

ITA 2822/KOL/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1944 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 11-04-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 20-12-2013
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR ADL
• Assessee Lawyers: P J BHIDE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENC H KOLKATA BEFORE SHRI N.V.VASUDEVAN, JM & DR. A.L.SAINI, AM ./ ITA NO.2822/KOL/2013 ( / ASSESSMENT YEAR:2007-2008) DCIT, CIRCLE-10, P-7, CHOWRINGHEE SQUARE, 3 RD FLOOR, KOLKATA-700069 VS. ERIABARIE FILMS & FOILS PVT. LTD., 2/7, SARAT BOSE ROAD, MINTO PARK, KOLKATA-700020 ./ ./PAN/GIR NO. : AAACE 5343 D ( /APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI SAURABH KUMAR ADL.CIT DR /ASSESSEE BY : SHRI P.J.BHIDE, FCA / DATE OF HEARING : 11/04/2017 /DATE OF PRONOUNCEMENT 11/04/2017 / O R D E R PER DR. ARJUN LAL SAINI, AM: THE CAPTIONED APPEAL FILED BY THE REVENUE, PERTAINI NG TO THE ASSESSMENT YEAR 2007-2008, IS DIRECTED AGAINST AN O RDER PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-XII, KOLKATA, DATED 05.09.2013. 2. WE FOUND THAT THE APPEAL OF THE REVENUE IS TIME BARRED BY 4 DAYS. CONSIDERING THE APPLICATION FILED BY THE REVENUE EX PLAINING THE REASONS OF 4 DAYS DELAY IN THE FILING THE PRESENT APPEAL, WE C ONDONE THE DELAY AND APPEAL IS HEARD FINALLY. 3. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFE CT IN THE APPEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SA ME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, D ATED 10 TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BE EN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 ITA NO.2822/13 ERIABARIE FILMS & FOILS PVT. LTD. 2 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMI SSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PEN DING APPEALS ALSO. 4. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND TH AT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT I N THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11/ 04/2017. SD/ - (N.V.VASUDEVAN) SD/ - (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA ; $% DATED 11/04/2017 & ()* /PRAKASH MISHRA , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) & ' , / ITAT, 1. / THE APPELLANT-DCIT, CIRCLE-10, KOLKATA 2. / THE RESPONDENT.-ERIABARIE FILMS & FOILS PVT. LTD. 3. 4 ( ) / THE CIT(A), KOLKATA. 4. 4 / CIT 5. 56 7 8 , 8 , / DR, ITAT, KOLKATA 6. 7 9 / GUARD FILE. 5 //TRUE COPY//