ITO, Ward-13(1), Kolkata V. M/s Shree Jagannath Lime & Chemicals Pvt. Ltd, Kolkata

ITA 598/KOL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4364 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 25-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Tax effect

Judgement Text

ITA NO. 598/KOL/2020 M/S SHREE JAGANNATH LIME & CHEMICALS PVT. LTD. A.Y. 2012-13 1 | P A GE , B(SMC) , IN THE INCOME TAX APPELLATE TRIBUNAL B(SMC) BENCH : KOLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM] I.T.A. NO. 598/KOL/2020 ASSESSMENT YEAR: 2011-12 ITO, WARD-13(1), KOLKATA VS. M/S SHREE JAGANNATH LIME & CHEMICALS PVT. LTD. (PAN: AAQCS 1279 J) APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 15.02.2021 DATE OF PRONOUNCEMENT 15.02.2021 FOR THE APPELLANT SHRI JAYANTA KHANRA, JCIT, SR. DR FOR THE RESPONDENT NONE ORDER THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAIN ST THE ORDER OF LD.CIT(A)-5, KOLKATA, DATED 12.08.2020 FOR A.Y. 2012-13. 2. NONE APPEARED FOR THE ASSESSEE. ON PERUSAL OF FORM NO. 36 REVEALS THAT TOTAL TAX EFFECT IN THIS CASE IS TO THE TUNE OF RS. 10,81 ,500/-. THEREFORE, IT COMES IN THE AMBIT OF TAX EFFECT OF CBDT CIRCULAR VIDE CIRCULAR NO. 17 /2019 DATED 08.08.2019. 3. IT IS NOTED THAT THE CBDT HAS ISSUED CIRCULAR NO . 17/2019 DATED 08.08.2019, WHEREBY THE MONETARY LIMITS FOR FILING OF APPEALS B Y THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL AND HIGH COURTS AND SLP BEFO RE SUPREME COURT HAVE BEEN INCREASED AS A MEASURE FOR REDUCING LITIGATION. T HE REVISED MONETARY LIMITS LAID DOWN IN PARA-2 OF THIS CIRCULAR ARE AS FOLLOWS: 1. BEFORE APPELLATE TRIBUNAL RS. 50,00,000/- 2. BEFORE HIGH COURT RS.1,00,00,000/- 3. BEFORE SUPREME COURT RS. 2,00,00,000/- ITA NO. 598/KOL/2020 M/S SHREE JAGANNATH LIME & CHEMICALS PVT. LTD. A.Y. 2012-13 2 | P A GE 4. IN THE PRESENT CASE, THE TAX EFFECT BY THE REVE NUE IS LESS THAN RS.50,00,000/- AND I NOTE THAT THIS APPEAL HAD BEEN FILED BY THE REVEN UE ON 25.11.2020 AND SINCE THE TAX EFFECT IS WITHIN THE MONETARY LIMIT FOR FILING APPE ALS BEFORE TRIBUNAL, IN VIEW OF THE CIRCULAR OF CBDT (SUPRA) AT THE FIRST PLACE REVENUE SHOULD NOT HAVE PREFERRED THIS APPEAL. IN VIEW OF THE ABOVE, I HOLD THAT THE APPEA L FILED BY THE DEPARTMENT, AGAINST THE IMPUGNED ORDER OF THE LD. CIT(A), IS CONTRARY T O THE POLICY DECISION OF THE DEPARTMENT AND AS SUCH THE APPEAL FILED BY THE DEPA RTMENT IN ITA NO. 598/KOL/2020 IS DISMISSED IN LIMINE . 5. AS A MATTER OF CAUTION, I OBSERVE THAT IF THE RE VENUE FINDS AT A LATER POINT OF TIME THAT THE TAX EFFECT IN THE APPEAL IS MORE THAN RS.50 LAKHS OR DESPITE LOW TAX EFFECT, THE APPEAL OF THE REVENUE IS MAINTAINABLE, THE REVE NUE IS AT LIBERTY TO MOVE THIS TRIBUNAL FOR RECALLING OF THIS ORDER. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- (J(((J. S. REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15.02.2021 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- ITO, WARD-13(1), KOLKATA 2. RESPONDENT- M/S SHREE JAGANNATH LIME & CHEMICALS PV T. LTD., 190, G.T. ROAD(NORTH), SALKIA, HOWRAH-711106. 3. THE CIT(A)- 5, KOLKATA (SENT THROUGH E-MAIL) 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES, KOLKATA