DCIT,CIR-4, KOLKATA, Kolkata V. M/s Eximpo Tea Limited, Kolkata

ITA 476/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9548 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 20-03-2014
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH, KOLKATA (BENCH - C) BEFORE SRI ABY T.VARKEY, JUDICIAL MEMBER AND DR. A. L. SAINI, ACCOUNTANT MEMBER I TA NO. 476 / KOL/ 2014 ASSESSMENT YEAR : 200 3 - 04 DCIT CIR - 4 KOLKATA [PAN:AAACE6546Q] - VS - M/S EXIMPO TEA LTD. 3B, LAL BAZAR STREET, 2 ND FLOOR, KOLKATA - 700001. (APPELLANT) (RESPONDENT) ORDER PER A BY T.VARKEY , JM THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER D ATED 13 .1 1 .2013 OF CIT(A) - XVI RELATING TO A.Y. 2003 - 0 4 . 1 . AT THE OUTSET W E TAKE NOTE THAT THE TAX EFFECT OF THE INSTANT APPEAL PREFERRED BY THE REVENUE IS LESS THAN RS. 10,00,000/ - , SO AS PER THE CBDT CIRCULAR NO. 21/2015 DT. 10.12.2015 THE APPEAL SHALL BE WITHDRAWN OR NOT PRESSED. WE TAKE NOTE THAT THE INSTANT APPEAL PREFERRED BY THE REVENUE IS HIT BY THE AFORESAID CIRCULAR OF THE CBDT AND, THEREFORE, ON THIS ACCOUNT THE APPEAL NEED NOT BE PURSUED FURTHER. HOWEVER, WE NOTE THAT THE ISSUE BEFORE U S WHICH IS BEING CHALLENGED BY THE REVENUE IS NO LONGER RES INTEGRA . 2. THE GRIEVANCE OF THE REVENUE IS REGARDING THE ACTION OF THE LD. CIT(A) IN HOLDING THAT THE CESS ON GREEN LEAF OF RS. 5,73,105/ - IS AN ALLOWABLE EXPENDITURE. WE TAKE NOTE THAT THE LD. CIT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY RELYING ON THE ORDER OF THE HONBLE CALCUTTA HIGH COURT ITR 270 PG. 167 TO GIVE THE RELIEF. THE SLP PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE HONBLE CALCUTTA HIGH COURT HAS FOR THE APPELLANT SHRI RAJAT KUMAR KUREEL, JCIT, SR, DR. FOR THE RESPONDENT SHRI ABHAYNATH KESHARI, FCA DATE OF HEARING 05.01.2017 DATE OF PRONOUNCEMENT 13 .01.2017 2 ITA NO. 476 /KOL/2014 M/S EXIMPO T EA LTD. A.YR. 2003 - 04 . BEEN DISMISSED BY THE HONBLE SUPREME COURT. IN LIGHT OF THE SAME THE ISSUE WHICH IS ASSAILED BEFORE US IS NO LONGER RES INTEGRA . THEREFORE, ON MERITS ALSO THE REVENUES APPEAL STANDS DISMISSED. 3. I N THE RESULT, THE APPEAL BY THE REVENUE IS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT O N 13 .01.2017 SD/ SD/ - [ DR. A.L.SAINI ] [ A.T.VARKEY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 13 .01.2017 {SC SPS} C OPY OF THE ORDER FOR WARDED TO: 1. P - 7, CHOWRINGHEE SQUARE, KOLKATA - 700069. 2 . EXIMPO TEA LIMITED, 3 - B, LAL BAZAR STREET, 2 ND FLOOR, KOLKATA - 700001. 3 . CIT (A) - XVI , KOLKATA. 4. CIT - II , KOLKATA. 4 . CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASST. REGIST RAR, ITAT, KOLKATA BENCHES