ITO, WD-30(3), KOLKATA, Kolkata V. Neera Bajoria, Kolkata

ITA 71/KOL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0974 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 15-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHARJEE
• Keywords: Tax effect

Judgement Text

1 ITA NO.71/KOL/2016 NEERA BAJORIA, AY 2007-08 , D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA () BEFORE . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VA RKEY, JM] I.T.A. NO. 71/KOL/2016 ASSESSMENT YEAR: 2007-08 INCOME-TAX OFFICER, WD-30(3), KOLKATA VS. NEERA BAJ ORIA (PAN:AECPB7224B) APPELLANT RESPONDENT DATE OF HEARING 26.09.2017 DATE OF PRONOUNCEMENT 14.11.2017 FOR THE APPELLANT SHRI ARINDAM BHATTACHARJEE, ADDL. CIT FOR THE RESPONDENT SHRI SUJOY SEN, ADVOCATE ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A)-8, KOLKATA DATED 04.11.2015 FOR AY 2007-08. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBM ITTED THAT THE TOTAL AMOUNT INVOLVED IN THIS APPEAL OF REVENUE IS RS.19,00,000/- ON WHIC H THE TAX EFFECT INVOLVED IS RS.5,70,000/-, WHICH IS LESS THAN RS. TEN LAKHS. HENCE, DEPARTMEN TAL APPEAL SHOULD NOT BE ALLOWED TO BE PROCEEDED WITH. WE FIND THAT THE APPEAL OF THE REV ENUE FALLS IN THE KEN OF THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, WHEREIN THE CBDT HAS DIRECTED THE DEPARTMENT TO WITHDRAW/NOT PRESS THE APPEAL IF THE TAX EFFECT IS LESS THAN RS. 10 LACS BEFORE THE ITAT. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2 015 AND THE MATERIALS AVAILABLE ON RECORD, WE FIND THAT THE REVENUES CASE DOES NOT FA LL UNDER ANY OF THE EXCEPTION CLAUSE AS PROVIDED IN THE CIRCULAR, AS THIS IS COVERED. WE A LSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUT HORITIES. THIS POSITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF C USTOMS VS INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE 2 ITA NO.71/KOL/2016 NEERA BAJORIA, AY 2007-08 REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TA X EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFE CT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE ME RITS OF THE CASE. IN CASE THE REVENUE LATER FINDS THAT THE TAX EFFECT IS MORE THAN RS. 10 LAKHS THEN IT IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER. WITH THIS CAVEAT , WE ARE INCLINED TO DISMISS THIS APPEAL OF THE REVENUE ON THE GROUND THAT IT IS BELOW THE TAX EFFECT OF LESS THAN RS.10 LAKH. 3. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISS ED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 14 TH NOVEMBER, 2017 SD/- SD/- (J. SUDHAKAR REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBE R DATED :14TH NOVEMBER, 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT ITO, WD-30(3), KOLKATA. 2 RESPONDENT SMT. NEERA BAJORIA, 6/1/3, QUEENS PAR K, KOLKATA-700 019. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, SR. PVT. SECRETARY