ACIT, CIR-2, Burdwan, Burdwan V. M/s Samanawaya, Burdwan

ITA 583/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9597 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 02-04-2014
• Court: TRIBUNAL
• Department Lawyers: N O N E
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 583/KOL./2014 ASSESSMENT YEAR: 2007-2008 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 583/KOL/ 2014 ASSESSMENT YEAR: 2007-2008 ASSISTANT COMMISSIONER OF INCOME TAX,.............. ......................APPELLANT CIRCLE-2, BURDWAN, AAYAKAR BHAWAN, COURT COMPOUND, BURDWAN-713 101 -VS.- M/S. SAMANAWAYA,................................... ..................................RESPONDENT 8, KALNA ROAD, BADAMTALA, P.O. & DIST.- BURDWAN-713 101 [PAN: ABAFS 5412 P] APPEARANCES BY: N O N E, FOR THE ASSESSEE N O N E, FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : JANUARY 03, 2017 DATE OF PRONOUNCING THE ORDER : JANUARY 03, 2017 O R D E R PER SHRI P.M. JAGTAP, A.M. .: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), DURGAPUR DATE D 24.01.2014, WHEREBY HE DELETED THE DISALLOWANCE OF RS.9,69,941/ - MADE BY THE ASSESSING OFFICER UNDER SECTION 40(A)(IA) ON ACCOUN T OF PAYMENTS MADE TO LABOUR SARDARS. 2. ALTHOUGH NONE HAS APPEARED AT THE TIME OF HEARIN G BEFORE US EITHER ON BEHALF OF THE ASSESSEE OR ON BEHALF OF THE REVEN UE, IT IS OBSERVED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVEN UE IS LESS THAN THE REVISED MONETARY LIMIT FIXED BY THE CBDT VIDE CIRCU LAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE AP PEAL BY THE REVENUE BEFORE THE TRIBUNAL IN CIRCULAR NO. 21/2015 (SUPRA) ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE I.T.A. NO. 583/KOL./2014 ASSESSMENT YEAR: 2007-2008 PAGE 2 OF 2 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 THE CBD T HAS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED.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 DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 03, 2 017. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT ME MBER KOLKATA, THE 3 RD DAY OF JANUARY, 2017 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, BURDWAN, AAYAKAR BHAWAN, COURT COMPOUND, BURDWAN-713 101 (2) M/S. SAMANAWAYA, 8, KALNA ROAD, BADAMTALA, P.O. & DIST.- BURDWAN-713 101 (3) COMMISSIONER OF INCOME TAX(APPEALS), DURGAPUR; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.