DCIT, Cir-4, Kolkata, Kolkata V. M/s Cossipore Tea Co. (P) Ltd., Kolkata

ITA 475/KOL/2014

• Counselvise Citation: 47523514 RSA 2014
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2015
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 20-03-2014
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : B BENCH : KOLKATA BEFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM ITA NOS.& A.Y REVENUE / REP. BY VS. ASSESSEE/PAN/& REP. BY QUANTUM INVOLVED (RS.) TAX EFFECT INVOLVED (RS.) 475/K/14 A.Y 2008-09 DCIT,CIR-4, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. COSSIPORE TEA CO.(P) LTD 234/3A AJC BOSE ROAD, KOL-20 PAN: AAHCS 1890G REP. BY: NONE 14,84,960/- 5,04,886/- 2524/K/13 A.Y 2009-10 I.T.O W 2(2), DURGAPUR REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SHRI SAMIR GHOSAL 1A/3 MARCONI AVENUE, DURGAPUR 713205 PAN:AGSPG2979E REP. BY:SHRI TAPAS CHAKRABORTY & PRANABESH SARKAR, ADVOCATE, LD.ARS 21,59,100/- 6,22,844/- 2587/K/13 A.Y 2009-10 DCIT,CC-XI, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S.SAMRIDDHI STOCKS PVT. LTD 2/2B JUSTICE CHANDRA MADHAB ROAD, KOL 20 PAN:AAECS4902L REP. BY: NONE 17,45,655/- 5,93,523/- 2085/K/14 A.Y 2011-12 DCIT, CIR-10, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. CHAMPION COMMERCIAL CO.LTD P-15, NEW CIT ROAD, KOL-73 PAN:AABCC 2373G REP. BY:SHRI MANOJ KATARUKA, LD.AR 23,44,483/- 7,24,445/- 2570/K/13 A.Y 2009-10 DCIT,CIR-3, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. DOZCO (INDIA) PVT. LTD 6 WATERLOO ST, 3 RD FL., SUIT NO.309, KOL-69 PAN AABCD 0776E REP. BY: MISS VARSHA JALAN, ADVOCATE, LD.AR 15,08,875/- 4,66,242.38 2595/K/13 A.Y 2009-10 DCIT, CC-VIII, KOL REP. BY:SHRI SUDIPTA GUHA, M/S. PURVANCHAL LEASING LTD 31 SHIBTOLLA ST., KOL- 7. PAN AACCP9719J REP. BY: NONE 9,63,851/- 3,27,709/- D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 2 JCIT/LD.SR.DR 2573/K/13 A.Y 2007-08 I.T.O W 33(2), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. ARISTOCON ENGINEERS COOPERATIVE SOCIETY LTD 541/C BLOCK-N, NEW ALIPUR, KOL-53 PAN: AAAA6256H REP. BY: NONE 11,36,278/- 3,86,334/- 2527/K/13 A.Y 2003-04 I.T.O W 11(2), KOLKATA REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. GRAND FASHIONS (INDIA) PVT. LTD 10 CHOWBHAGA ROAD, KOL-39. PAN: AABCG4206A REP. BY: NONE 24,23,369/- 8,23,945/- 2523/K/13 A.Y 2009-10 I.T.O W 2(2) DURGAPUR REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SMT. PIYA GHOSAL 1A/3 MARCONI AVENUE, DURGAPUR 713205 PAN: AKLPG 8979R REP. BY:SHRI PRANABDESH SARKAR, ADVOCATE, LD.AR 21,59,100/- 6,22,844/- 1534/K/14 A.Y 2009-10 I.T.O W 32(3), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR JYANTILAL THAKORLAL MEHTA 13 NATIONAL COURT LOUDON ST., KOL-17 PAN:AITPM 8723H REP. BY: NONE 20,81,053/- 7,07,558/- 1581/K/14 A.Y 2005-06 DCIT, CC XXVII, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR GANESHMULL BIJAY SINGH BAID (HUF) ROOM NO. 59 7 SWALLOW LANE, KOL- 1. PAN: AABHG6033J REP. BY: NONE 271(1)( C) PENALTY 4,75,566/- 4,75,566/- 1247/K/15 A.Y 2011-12 DCIT,CIR-1, SILIGURI REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. JAIN BROTHERS SUBHAS MARKET, GEORGE MAHABERT ROAD, SILIGURI -734001. PAN: AACFJ1455C REP. BY: NONE 13,82,038/- 4,69,893/- 1143/K/15 A.Y 2009-10 ITO, W 29(4), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR ASHIS GANGULY 13/1 DURGAPUR LANE, KOL-27 PAN: AD2PG6233F REP. BY: NONE 13,49,273/- 4,58,753/- 1130/K/15 A.Y 2011-12 ITO, W 35(3), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SHRI KAMAL SINGH BARDIA KK ENGINEERS (INDIA) 26/1 STRAND ROAD, GROUND FL., KOL - 1 26,94,509/- 8,32,603/- D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 3 PAN: AECPB 0982N REP. BY: SHRI S.M SURANA, ADVOCATE & SHRI SUNIL SURANA, FCA, LD.ARS 1137/K/15 A.Y 2003-04 I T O W 30(3), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. PANACHE INC 7/26 CORNFIELD ROAD, KOL-19 PAN: AADFP 3675R REP. BY: NONE 271(1)( C) PENALTY 6,50,204/- 6,50,204/- IT(SS) NO.109/K/15 A.Y 2009-10 DCIT,CC-1(3), KOL-107 REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. PCM TEA PROCESSING (P) LTD 10C, MIDDLETON ROW, KOL-71 PAN: AACCP7512K REP. BY:SHRI VIKASH KUMAR SURANA, FCA, LD.AR 14,87,477/- 5,05,742/- 1898/K/14 A.Y 2007-08 I.T.O W 5(4), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. VENKATESH LOGISTICS PVT. LTD 12, INDIA EXCHANGE PLACE, KOL-1 PAN: AABCV9499E REP. BY: NONE 22,64,547/- 7,69,946/- 458/K/15 A.Y 2009-10 DCIT, CC-4(3), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. MANIPUR TEA CO. PVT.LTD 15A HEMANTA BASU SARANI, CONTINENTAL CHAMBERS, 4 TH FL., KOL-1 PAN:AAACT9636L REP. BY: NONE 16,90,723/- 5,74,846/- 479/K/15 A.Y 2008-09 DCIT,CIR 8(1), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. MJUNCTION SERVICES LTD 43 TATA CENTRE, JL NEHRU RD, KOL-71 PAN: AACCM 55881C REP. BY:SHRI AKASH MANSINKA, LD.AR 17,15,704 5,83,339/- 756/K/14 A.Y 2004-05 ITO, W 12(3), KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. SUNIL POLYPACK LTD 229 AJC BOSE ROAD, KOL-20 PAN: AADCS 8608L REP. BY: NONE 271(1)( C) PENALTY 3,99,154/- 3,99,154/- D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 4 493/K/14 A.Y 2005-06 DCIT, CIR-3, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. EXPO CRAFT PVT. LTD 44 PHEARS LANE, KOL-73 PAN: AAACE 5749B REP. BY: NONE 271(1)( C) PENALTY 7,39,304/- 7,39,304/- IT(SS) NO.36/K/14 A.Y 2002-03 DCIT,C.C-11, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SMT. KAMAL BASINI BANIK 7/2B BALLYGUNE PARK, KOL-19 PAN: ADQPB 4380F REP. BY: NONE 21,14,859/- 7,19,052/- 44/K/14 A.Y 2005-06 DCIT CEN.CIR- XXIII, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SHRI KAMAL KUMAR KOTHARI 195/1/1 MAHATMA GANDHI ROAD, KOL-7 PAN: AFJPK6845H REP. BY: MISS. VARSHA JALAN, ADVOCATE, LD.AR 12,25,127 4,16,543/- 726/K/14 A.Y 2010-11 DCIT,CIR-7, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SHRI AMAR SINGH 7 CAMAC ST, AZIMGANJ HOUSE, 1 ST FL., KOL-17 PAN: AKLPS 6975M REP. BY: NONE 26,14,562/- 8,88,951/- 732/K/14 A.Y 2009-10 DCIT, CIR-4, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. SUBLIME AGRO LIMITED LORDS201-203 7/1 LORD SINHA ROAD, KOL-71 PAN: AAECS1804P REP. BY: S/SHRI V.N PUROHIT & HARSH VARDHAN BHARADWAJ, FCAS, LD.ARS 21,96,804/- 7,46,693/- 1455/K/13 A.Y 2005-06 ACIT, CIR-2, ASANSOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR M/S. UNIVERSAL SECURITY SERVICES, GOPAL NAGAR, BYE PASS MORE, DOMOHANI MORE, POST: KALLA (C.H), ASANSOL, DIST: BURDWAN (WB) PAN: AABFU4653N REP. BY: NONE 20,13,000/- 6,84,420/- 1394/K/13 A.Y 2007-08 I T O W 52(3), KOLKATA REP. BY:SHRI SUDIPTA GUHA, SHRI ANUPAM KUNDU 131/1A SAFUIPARA, BAIDYAPARA, KOL-78 PAN: AOAKPK 0062L 12,50,817/- 4,25,278/- D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 5 JCIT/LD.SR.DR REP. BY: NONE IT(SS) NO. 116/K/14 117/K/14 118/K/14 DCIT,CC- XXI,KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SRI SUBHAS CHAND JAIN (GOYAL) 40B HARIYANA NIWAS, VIVEKANADA ROAD, KOL-7 PAN: ACOPJ 3528L REP. BY: NONE 2,33,597/- 2,48,295/- 5,01,373/- 79,423/- 84,420/- 1,70,467/- 1946/K/14 A.Y 2008-09 DCIT, CIR-44, KOL REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR MOHAN LAL SINGH PROP: M/S. SINGHI TRADING CO. 20/1 MAHARSHI DEVENDRA ROAD, KOL-7 PAN: ALGPD 0948C REP. BY: NONE 9,47,843/- 3,22,267/- 1938/K/14 A.Y 2009-10 I T O W 2(4), DURGAPUR REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SHRI DEB KUMAR SAH PROP: M/S. S.D CONSTRUCTION, MAYA BAZAR, DGP 713208 (WB) PAN:AKWPS 3732R REP. BY:NONE 13,81,198/- 4,69,607/- 2189/K/13 A.Y 2006-07 I T O W 1(2) MIDNAPORE REP. BY:SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SK. ABUL KADIR SAYEDPUR, SALBONI, PASCHIM MIDNAPORE- 721147 PAN: AFJPK5214L REP. BY : NONE 271( 1) ( C) PENALTY 1,45,329/- 1,45,329/- 2710/K/13 A.Y 2008-09 ACIT, CIR-3, ASANSOL REP. BY : SHRI SUDIPTA GUHA, JCIT/LD.SR.DR SRI SHEW KUMAR BHARTIYA PROP: M/S. ASHOKA ROAD TRANSPORT 11 NSB ROAD, TARBANGLOW, RANIGANJ 713347 PAN:ADAPB:4831D REP. BY : NONE 18,88,064/- 6,41,942/- DATE OF HEARING: 30-12-2015 DATE OF PRONOUNCEMENT: 30-12-2015 D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 6 ORDER SHRI M.BALAGANESH, AM : THESE APPEALS OF THE REVENUE ARISE OUT OF THE VAR IOUS ORDERS OF THE LEARNED CIT(A) AGAINST THE ORDERS OF ASSESSMENT FRAMED U/S 147 / 1 43(3) / 144 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2. AT THE OUTSET, IT IS SEEN THAT THE TAX EFFECT O N THE DISPUTED ADDITIONS BEFORE US IS LESS THAN RS. 10 LACS. AS THE TAX EFFECT IN ALL THESE APPEALS ARE LESS THAN RS 10 LACS, THESE APPEALS ARE TAKEN UP TOGETHER AND DISPOSED OFF BY T HIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE MATER IALS AVAILABLE ON RECORD. IT IS SEEN FROM THE PERUSAL OF THE RECORDS THAT THE TOTAL TAX EFFECT ON THE ADDITIONS DISPUTED BEFORE US IS ADMITTEDLY BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIB UNAL BY THE REVENUE. IT WILL BE PERTINENT TO REPRODUCE THE RELEVANT PORTION OF THE SAID CIRCU LAR NO. 21 / 2015 DATED 10.12.2015 :- 3. HENCEFORTH, APPEALS / SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVEN HEREUNDER :- S.NO. APPEALS IN INCOME TAX MATTERS MONETARY LIMIT (IN RS) 1 BEFORE APPELLATE TRIBUNAL 10,00,000/- 2 BEFORE HIGH COURT 20,00,000/- 3 BEFORE SUPREME COURT 25,00,000/- IT IS CLARIFIED THAT AN APPEAL SHOULD NOT BE FILED MERELY BECAUSE THE TAX EFFECT IN A CASE EXCEEDS THE MONETARY LIMITS PRESCRIBED ABOVE . FILING OF APPEAL IN SUCH CASES IS TO BE DECIDED ON MERITS OF THE CASE. D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 7 4. FOR THIS PURPOSE, TAX EFFECT MEANS THE DIFFERE NCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE B EEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME I N RESPECT OF THE ISSUES AGAINST WHICH APPEAL IS INTENDED TO BE FILED (HEREI NAFTER REFERRED TO AS DISPUTED ISSUES). HOWEVER, THE TAX WILL NOT INCLUDE ANY I NTEREST THEREON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARGEABILITY OF INTEREST IS THE ISSUE UNDER DISPUTE, THE AMOUNT OF INTEREST SHALL BE THE TAX EFFECT. IN CASES WHERE RETURNED LOSS IS REDUCED OR ASSESSED AS INCOM E, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. IN CAS E OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDU CED IN THE ORDER TO BE APPEALED AGAINST. 5. THE ASSESSING OFFICER SHALL CALCULATE THE TAX EF FECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES I N THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR , APPEAL, CAN BE FILED IN RESPECT O F SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF THE DIS PUTED ISSUES EXCEEDS THE MONETARY LIMIT SPECIFIED IN PARA 3. NO APPEAL SHA LL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIED IN PARA 3. IN OTHER WORDS, HENCEFORTH, A PPEALS CAN BE FILED ONLY WITH REFERENCE TO THE TAX EFFECT IN THE RELEVANT ASSESSM ENT YEAR. HOWEVER, IN CASE OF A COMPOSITE ORDER OF ANY HIGH COURT OR APPELLATE AU THORITY, WHICH INVOLVES MORE THAN ONE ASSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, APPEAL SHALL BE FILED IN RESPECT O F ALL SUCH ASSESSMENT YEARS EVEN IF THE TAX EFFECT IS LESS THAN THE PRESCRIBE D MONETARY LIMITS IN ANY OF THE YEAR(S), IF IT IS DECIDED TO FILE APPEAL IN RESPECT OF THE YEAR(S) IN WHICH TAX EFFECT EXCEEDS THE MONETARY LIMIT PRESCRIBED. IN CASE WHERE A COMPOSITE ORDER / JUDGEMENT INVOLVES MORE THAN ONE ASSESSEE, EACH A SSESSEE SHALL BE DEALT WITH SEPARATELY. 8. ADVERSE JUDGEMENTS RELATING TO THE FOLLOWING ISS UES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT: D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 8 (A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVISIONS OF AN ACT OR RULE ARE UNDER CHALLENGE, OR (B) WHERE BOARDS ORDER, NOTIFICATION, INSTRUCTION OR C IRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT, OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN A SSETS / BANK ACCOUNTS. 10. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS/ TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRA WN / NOT PRESSED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE IN STRUCTIONS ON THIS SUBJECT, OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 3.1 WE FIND THAT INTENTION BEHIND THE CIRCULAR NO.2 1/2015 DATED 10-12-2015 NEEDS TO BE UNDERSTOOD IN THE FOLLOWING PERSPECTIVE:- BY PASSAGE OF TIME, THE MONEY VALUE HAS GONE DOWN, THE COST OF LITIGATION EXPENSES HAS GONE UP, NUMBER OF ASSESSES ON THE FI LES OF THE DEPARTMENT HAVE BEEN INCREASED AND CONSEQUENTLY, THE BURDEN ON THE DEPARTMENT IS ALSO INCREASED TO A TREMENDOUS EXTENT. THE CORRIDORS OF THE SUPERIOR COURTS ARE CHOKED WITH HUGE PENDENCY OF CASES. IN THIS VIEW OF THE MATTER, THE CBDT HAS RIGHTLY TAKEN A DECISION TO REVISE THE MONETARY LI MITS IN TUNE WITH THE PRESENT VALUE OF MONEY AND WITH A VIEW TO REDUCE THE LITIGA TION AND OFFERING RELIEF TO SMALL TAX PAYERS. THIS IS ALSO IN VIEW OF THE FACT THAT TIME AND ENERGY OF THE DEPARTMENT COULD BE USED MORE PRODUCTIVELY AND EFF ICIENTLY TO CATCH HOLD OF BIG FISHES, WHO IN TURN WOULD CONTRIBUTE MORE TO TH E DEVELOPMENT OF THE COUNTRY. 3.2. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MATERIALS AVAILABLE ON RECORD, WE COULD NOT SEE WHETHER THE IMPUGNED CA SE FALLS UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR. WE ALSO FIND TH AT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 9 CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS PO SITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC) WHEREIN THEIR LORDSHIPS EXAMINED THE EARLIER DECIS IONS OF THE APEX COURT WITH REGARD TO BINDING NATURE OF THE CIR CULARS AND LAID DOWN THAT WHEN A CIRCULAR ISSUED BY THE BOARD REMAINS IN OPERATION T HEN THE REVENUE IS BOUND BY IT AND CANNOT BE ALLOWED TO PLEAD THAT IT IS NOT VALID OR THAT IT IS CONTRARY TO THE TERMS OF THE STATUTE. HENCE WE HOLD THAT THE APPEAL(S) OF THE REVENUE DES ERVE TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THE APPEAL OF THE REVENUE IN LIMIN E , AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE ABOVE APPEALS OF THE REVENUE ARE DISMISSED INLIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 30.12.2015. 1.. THE APPELLANT CONCERNED: 2 THE RESPONDENT CONCERNED : 3 /THE CIT, 4.THE CIT(A ) SD/- ( MAHAVIR SINGH, JUDICIAL MEMBER ) SD/- (M. BALAGANESH, ACCOUNTANT MEMBER) DATE 30 /12/2015 COPY OF THE ORDER FORWARDED TO: D.H 30.12.15 T.E.L.T (LESS THAN) RS. 10 LAKHS- B-AM 10 5. DR, KOLKATA BENCH 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT REGISTRAR **PRADIP/SPS