ACIT, CIR-31, KOLKATA, Kolkata V. Utsav N Parekh, Kolkata

ITA 840/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9266 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 02-05-2014
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 840/KOL./2014 ASSESSMENT YEAR: 2009-2010 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 840/KOL/ 2014 ASSESSMENT YEAR : 2009-2010 ASSISTANT COMMISSIONER OF INCOME TAX,.............. ..................APPELLANT CIRCLE-31, KOLKATA, 10B, MIDDLETON ROW, 4 TH FLOOR, KOLKATA-700 071 -VS.- SHRI UTSAV N PAREKH,............................... ..................................RESPONDENT 2/3, SARAT BOSE ROAD, KOLKATA-700 020 [PAN: AGHPP 4467 H] APPEARANCES BY: SHRI ANKIT JALAN, A.R. (POWER OF ATTORNEY NOT FILED ), FOR THE ASSESSEE SHRI SALLONG YADEN, ADDITIONAL CIT, SR. D.R., FOR T HE DEPARTMENT DATE OF CONCLUDING THE HEARING : FEBRUARY 20, 2017 DATE OF PRONOUNCING THE ORDER : FEBRUARY 28, 2017 O R D E R PER SHRI J. SUDHAKAR REDDY, A.M. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XIX, KOLKATA D ATED 13.02.2014 FOR THE ASSESSMENT YEAR 2009-10. 2 AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESSE E AT THE OUTSET, THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE I S LESS THAN THE REVISED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRC ULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015 AT RS.10,00,000/- FOR FILING THE AP PEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEAR LY EVIDENT FROM THE I.T.A. NO. 840/KOL./2014 ASSESSMENT YEAR: 2009-2010 PAGE 2 OF 2 GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) RECENTLY I SSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFI ED IN THE SAID CIRCULAR, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVE LY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF R S.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPING IN VIEW THE INSTRUC TION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WH ICH IS SQUARELY APPLICABLE IN THE PRESENT CASE, THE APPEAL FILED BY THE REVENUE IN THIS CASE IS TREATED AS WITHDRAWN/NOT PRESSED AND DISMIS SED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 28, 2017. SD/- SD/- (S.S. VISWANETHRA RAVI) (J. SUDHAKAR REDDY) JUDICIAL MEMBER AC COUNTANT MEMBER KOLKATA, THE 28 TH DAY OF FEBRUARY, 2017 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-31, KOLKATA, 10B, MIDDLETON ROW, 4 TH FLOOR, KOLKATA-700 071 (2) SHRI UTSAV N PAREKH, 2/3, SARAT BOSE ROAD, KOLKATA-700 020 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XIX, KOL KATA, (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.