D.C.I.T.,Circle-1, Siliguri V. Ajay Kumar Agarwal, Siliguri

ITA 84/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3524 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-10-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 21-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Tax effect

Judgement Text

ITA NO. 84/KOL/2020 AJAY KUMAR AGARWAL A.Y. 2012-13 1 | P A GE , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA ( ) . , /AND . . , ) [BEFORE SHRI J. SUDHAKAR REDDY, AM & SHRI A. T. VAR KEY, JM] I.T.A. NO. 84/KOL/2020 ASSESSMENT YEAR: 2012-13 DCIT, CIRCLE-1, SILIGURI VS. AJAY KUMAR AGARWAL (PAN: ACBPA 8354 N ) APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 15.10.2020 DATE OF PRONOUNCEMENT 06.11.2020 FOR THE APPELLANT SHRI JAYANTA KHANRA, JCIT FOR THE RESPONDENT NONE ORDER PER SHRI A.T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAI NST THE ORDER OF LD.CIT(A)- SILIGURI, DATED 04/11/2019 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. 2,92, 998/-. 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. 84/KOL/2020 AJAY KUMAR AGARWAL 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 WE NOTE THAT THIS APPEAL HAD BEEN FILED BY THE REVE NUE ON 21.01.2020 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, WE HOLD THAT THE APPE AL 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. 84/KOL/2020 IS DISMISSED IN LIMINE . 5. AS A MATTER OF CAUTION, WE OBSERVE THAT IF THE R EVENUE 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 ON 06.11.202 0. SD/- SD/- (J(( (J. S. REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 06.11.2020 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- DCIT, CIRCLE-1, SILIGURI 2. RESPONDENT- AJAY KUMAR AGARWAL, C/O MAHABIR PRASAD AJAY KUMAR, M R. COMPOUND, SILIGURI-734005 3. THE CIT(A)- SILIGURI (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