ITO, Ward-13(1), Kolkata V. M/s Supersonic Tie Up Pvt Ltd, Kolkata

ITA 599/KOL/2020

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8504 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 14-11-2022
• Assessment Year: misc
• Appeal Filed On: 24-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH “C” KOLKATA Before Sri Sanjay Garg, Judicial Member & Sri Girish Agrawal, Accountant Member I.T.A. No.599/Kol/2020 Assessment Year: 2013-14 ITO, Ward-13(1), Kolkata.........................................................................Appellant vs. M/s Supersonic Tie Up Pvt. Ltd......... ........................................................Respondent 8/5, Dr. H. K. Chatterjee Lane, 3 rd Floor, Howrah-711202. [PAN: AALCS1765J] Appearances by: Smt. Ranu Biswas, Addl. CIT, DR appeared on behalf of the Appellant. Shri Rajesh Kumar Mishra, Advocate appeared on behalf of the Respondent. Date of concluding the hearing : November 15, 2022 Date of pronouncing the order : November 15, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal filed by the Revenue is directed against the order dated 17.09.2020 of the Commissioner of Income Tax (Appeals)-5, Kolkata [hereinafter referred to as the ‘CIT(A)]. 2 It is seen at the outset that the tax effect on the disputed additions before us is less than Rs.50 lacs as the prescribed in the CBDT’s latest Circular No17/2019 dated 08.08.2019. It will be pertinent to reproduce the relevant portion of the said Circular as follows:- “2 . As a step toward further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 2.1 We find that intention behind the Circular No17/2019 dated 08.08.2019 needs to be understood in the following perspective:- 2 I.T.A. No.599/Kol/2020 Assessment Year: 2013-14 M/s Supersonic Tie Up Pvt. Ltd 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis- à-vis where composite order for more than one assessment year is passed, para 5 of the circular is substituted by the following para: “5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. if, the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No. appeal shall 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. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessments year, no appeal shall 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 case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately.” 2.2. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 3. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. In the result, the appeal of the Revenue is hereby dismissed. Kolkata, the 15 th November, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member Dated : 15.11.2022 RS 3 I.T.A. No.599/Kol/2020 Assessment Year: 2013-14 M/s Supersonic Tie Up Pvt. Ltd Copy of the order forwarded to: 1. ITO, Ward-13(1), Kolkata 2. M/s Supersonic Tie Up Pvt. Ltd 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True Copy// By Order Assistant Registrar I.T.A.T, Kolkata Benches, Kolkata.