ITO, Jamshedpur V. M/s Prem food India Pvt. Ltd, Jamshedpur

ITA 8/RAN/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0041 (ITAT-RANCHI)
• Duration Of Justice: 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 02-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHOUDHRY ORAN
• Assessee Lawyers: P S PAUL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI SMC BENCH, RANCHI BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER ITA NO.08/RAN/2016 ASSESSMENT YEAR :2008-09 INCOME TAX OFFICER, WARD-2(1), JAMSHEDPUR, 2, BAGMATI ROAD, NORTHERN TOWN, JAMSHEDPUR-831 001 V S M/S PREM FOOD INDIA PVT. LTD. ADITYAPUR, JAMSHEDPUR-831 013 PAN/GIR NO. :AABCP 0440 R (APPELLANT ) .. (RESPONDENT) APPELLANT BY : SHRI CHOUDHRY ORAN, DR RESPONDENT BY : SHRI P.S.PAUL, C.A DATE OF HEARING :14-09-2016 DATE OF PRONOUNCEMENT : 14-09-2016 O R D E R THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDE R DATED 28.09.2015 OF COMMISSIONER OF INCOME TAX (APPEALS) JAMSHEDPUR RELATING TO ASSESSMENT YEAR (AY) 2008-09. 2. AT THE OUTSET, WE FIND THAT THE TAX EFFECT INVOL VED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEARLY EVIDENT FROM THE GROUNDS RAISED BY THE REVE NUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY ISSUED BY THE CBDT, TH E 2 ITA NO.08/RAN/2016 AY:2008-09 MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENU E BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- A ND AS CLARIFIED IN THE SAID CIRCULAR, THE SAID MONETARY L IMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PEND ING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED THAT SUC H PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00, 000/- MAY BE WITHDRAWN/NOT PRESSED. KEEPING IN VIEW THE INSTR UCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN THE PRE SENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TRE ATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14/09/2016 SD/- (N.V.VASUDEVAN ) JUDICIAL MEMBER RANCHI , DATED 14/09/2016 *DKP ,PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT CONCERNED-ITO, WARD-2(1), 2, BAGMATI ROAD, NORTHERN TOWN, JAMSHHEDPUR- 831 001 2. THE RESPONDENT CONCERNED-M/S PREM FOOD INDIA PVT. LTD., ADITYAPUR, JAMSHEDPUR, 3. THE CIT(A) CONCERNED 4. CIT , CONCERNED 5. DR, ITAT, RANCHI 6. GUARD FILE. BY ORDER, // TRUE COPY // SR.PS, ITAT, RANCHI