ITO,Wd-53(1), Kolkata, Kolkata V. M/s Charial Bazar F. L. Off Shop, Kolkata

ITA 376/KOL/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83186 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 04-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER ITA NO. 376 /KOL/ 2014 ASSESSMENT YEAR: 2006 - 07 I.T.O., WARD - 53(1), AAYAKAR BHQAWAN DAKSHIN, 2, GARIAHAT ROAD (SOUTH), KOLKATA 700 068 / V/S . M/S CHARIAL BAZAR F.L. OFF SHOP 195/1, M.G. ROAD, BUDGE BUDGE, KOLKATA 700 137 [ PAN NO.AACFC 2203 R ] / APPELLANT .. / RESPONDENT / BY APPELLANT SMT. RANU BISWAS, JCIT, SR - DR / BY RESPONDENT NONE / DATE OF HEARING 24 - 11 - 2014 / DATE OF PRONOUNCEMENT 24 - 11 - 2014 / O R D E R THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(APPEALS) - X XX I II/ KOLKATA IN APPEAL NO. 92 /CIT[A] - X XX I II / ITO WARD 53(1), KOL/11 - 12 DATED 1 6 - 12 - 2013 FOR THE ASSESSMENT YEAR 2006 - 07. S MT. RANU BISWAS SR - DR REPRESENTED ON BEHALF OF THE REVENUE. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AND NO ADJOURNMENT PETITION HAS BEEN FILED TODAY ON BEHALF OF THE ASSESSEE. HENCE, THE PRESENT APPEAL IS TAKEN UP AFTER HEARING LD. DR . 3. LD. SR - DR SUBMITTED THAT THE PRESENT APPEAL HAS BEEN FILED AS THE ASSESSEE IS NOT ENTITLED FOR DEDUCTION AND SHE STRONGLY SUPPORTED THE ORDER OF ASSESSING OFFICER. ITA NO.376/KOL/2014 A.Y. 2006 - 07 ITO WD - 53(1) KOL V. M/S CHARIAL BAZAR F.L. OFF SHOP. PAGE 2 4 . I HAVE HEARD THE LD. DR AND PERUSED THE MATERIALS AVAILABLE ON RECORD. THE PRESENT APPEAL IS NOT MAINTAINABLE IN TERMS OF CBDT CIRCULAR NO. 3/2011 DATED 09 - 02 - 2011, AS PER ASSESSEE THE TAX EFFECT IS LOWER THAN THE MONETARY LIMIT PRESCRIBED UNDER THE CIRCULAR OF CBDT. HOWEVER, THE REVENUE WOULD BE AT LIBERTY TO MOVE A MISCELLANEOUS APPLICATION FOR RECALLING OF THIS ORDER IN CASE, IF THE TAX EFFECT IS HIGHER THAN COMPU TED BY THE ASSESSEE. HENCE, THIS GROUND OF REVENUE S APPEAL IS DISMISSED AS NOT MAINTAINABLE. 5 . IN THE RESULT, REVENUE S APPEAL STANDS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON 24 / 11 /2014 SD/ - ( GEORGE MATHAN ) JUDICIAL MEM BER *DKP - 24 / 11 /2014 / COPY OF ORDER FORWARDED TO: - 1 . / APPELLANT ITO WD - 53(1) , AAYAKAR BHAVAN DAKSHIN, 2 GARIAHAT ROAD (S), KOLKATA 700 068 2 . / RESPONDENT M/S CHARIAL BAZAR F.L. OFF SHOP, 195/1, M.G. ROAD BUDGE BUDGE, KOLKATA 700 137 3 . / CONCERNED CIT 4 . - / CIT (A) 5 . , / DR, ITAT, KOLKATA 6 . / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ,