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. 627 / KOL/ 2013 ASSESSMENT YEAR : 200 9 - 10 DCIT CIR - 8 KOLKATA [PAN: AABCT1029L ] - VS - M/S. TATA STEEL PROCESSING & DISTRIBUTION LTD. (APPELLANT) (RESPONDENT) ORDER PER A BY T.VARKEY , JM THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER DATED 12.12.2012 OF CIT(A) - VIII RELATING TO A.Y. 2009 - 10 . 2. AT THE OUTSET WE 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THE REVENUE IS LESS THAN RS. 10,00,000/ - , SO AS PER THE CBDT CIRCULAR NO. 21/2015 DT. 10.12.2015 THE APPEAL SHALL BE WITHDRAWN OR NOT PRESSED.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. 3. IN CASE IF THE DEPARTMENT IS OF THE OPINION THAT THE TAX - EFFECT IS MORE THAN RS. 10,00,000/ - , IT IS AT LIBERTY TO FILE A MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IN ACCORDANCE TO LAW. FOR THE APPELLANT SHRI SRIDHAR BHATTACHARYA, ADDL, CIT, SR. DR. FOR THE RESPONDENT SHRI NIMISH KUMAR, C.A. DATE OF HEARING 17 .01.2017 DATE OF PRONOUNCEMENT 22 .02 .2017 2 ITA NO. 627 /KOL/201 3 M/S. TATA STEEL PROCESSING & DISTRIBUTION LTD. A.YR. 200 9 - 10 . 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT O N 22 .02 .2017 SD/ - SD/ - [ DR. A.L.SAINI ] [ A.T.VARKEY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 22 .02 .2017 {SC SPS} C OPY OF THE ORDER FORWARDED TO: 1. APPELLANT/ASSESSEE - 2 . RESPONDENT : 3 . CIT (A) - 4. CIT 4 . CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASST. REGISTRAR, ITAT, KOLKATA BENCHES 3 ITA NO. 627 /KOL/201 3 M/S. TATA STEEL PROCESSING & DISTRIBUTION LTD. A.YR. 200 9 - 10 . DATE INITIAL 1. DRAFT DICTATED ON 10/ 02/17 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 10 /02/17 (DICTATION PAD HAS BEEN ENCLOSED ALONG WITH ORIGINAL FILE) SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK 22/02/2017 SR.PS 8. DATE ON WHICH FILE GOES TO THE H.C. 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER.