ITO, WD-48(1), KOLKATA, Kolkata V. Sri Rabin Naskar, Howrah

ITA 446/KOL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1731 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 20-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B B PAYRA
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 446/KOL./2015 ASSESSMENT YEAR: 2006-2007 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 446/KOL/ 2015 ASSESSMENT YEAR: 2006-2007 INCOME TAX OFFICER,................................ ...................................APPELLANT WARD-48(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 -VS.- SRI RABIN NASKAR,.................................. ..................................RESPONDENT PROP. OF M/S. JOY MA TARA IRON STORES, THANA MAKUA, NAZIRGUNG, SATYEN BOSE ROAD, P.O. D.S. LANE, HOWRAH-711 109 [PAN: ACMPN 1460 D] APPEARANCES BY: SHRI BISWANATH DAS, ADDL. CIT, D.R., FOR THE DEPART MENT SHRI B.B. PAYRA, ADVOCATE, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : AUGUST 09, 2017 DATE OF PRONOUNCING THE ORDER : AUGUST 09, 2017 O R D E R PER SHRI P.M. JAGTAP, A.M. .: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-14, KOLKATA DA TED 05.02.2015. 2. AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESS EE AT THE TIME OF HEARING FIXED TODAY, THE TAX EFFECT INVOLVED IN THI S APPEAL OF THE REVENUE IS LESS THAN THE MONETARY LIMIT FIXED BY THE CBDT V IDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUND RAISED BY THE REVENUE IN TH IS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/20 15 (SUPRA) ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- A ND AS CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABL E RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBD T HAS ALSO INSTRUCTED I.T.A. NO. 446/KOL./2015 ASSESSMENT YEAR: 2006-2007 PAGE 2 OF 2 THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED.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 DISMIS SED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 09, 20 17. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 9 TH DAY OF AUGUST, 2017 COPIES TO : (1) INCOME TAX OFFICER, WARD-48(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 (2) SRI RABIN NASKAR, PROP. OF M/S. JOY MA TARA IRON STORES, THANA MAKUA, NAZIRGUNG, SATYEN BOSE ROAD, P.O. D.S. LANE, HOWRAH-711 109 (3) COMMISSIONER OF INCOME TAX (APPEALS)-14, KOLK ATA; (4) COMMISSIONER OF INCOME TAX ,KOLKAT A (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, HEAD OF OFFICE/DDO INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.