DCIT, CC-VII, KOLKATA, Kolkata V. M/s Nezone Tubes Ltd., Kolkata

ITA 858/KOL/2014

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1966 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 22-05-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 05-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SALONG YADEN CITSRDR
• Assessee Lawyers: V N PUOHIT
• Keywords: Tax effect

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 858 / KOL / 2014 ASSESSMENT YEAR :2009-10 DCIT, CENTRAL CIRCLE-VII, AYAKAR BHAWAN, POORVA, 110, SHANTIPALLY, KOLKATA-107 V/S . M/S NEZONE TUBES LTD., 3A, HARE STREET, 5 TH FLOOR, KOLKATA-700001 [ PAN NO.AABCN 2550 L ] /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI SALONG YADEN, ADDL. CIT-SR-DR /BY RESPONDENT SHRI V.N. PUOHIT, FCA /DATE OF HEARING 09-01-2018 /DATE OF PRONOUNCEMENT 09-01-2018 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2009-10 IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOM E TAX (APPEALS)-XX, KOLKATA DATED 06.01.2014. SHRI SASLONG YADEN, LD. DEPARTMENTAL REPRESENTATIVE APPEARED ON BEHALF OF REVENUE AND SHRI V.N. PURHIT, LD. AUTHORIZED REPRES ENTATIVE APPEARED ON BEHALF OF ASSESSEE. 3. AT THE OUTSET, WE FIND THAT TAX EFFECT IN THIS A PPEAL FILED BY THE REVENUE IS BELOW THE LIMIT OF 10 LAKH WHICH WAS FIXED BY THE CBDT VIDE CIRCULAR NO. ITA NO.858/KOL/2014 A.Y.2009-10 DCIT, CC-VII, KOL VS. M/S NEZONE TUBES L TD. PAGE 2 21 OF 2015 DATED 10.12.2015 FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HOWEVER THERE ARE CERTAIN EXCEPTIONS CURVED OUT IN THE SAID CIRCULAR WHERE MONETARY LIMIT OF RS. 10 LACS IS NOT APPLICABLE BUT LD. DR COULD NOT POINT OUT THAT PRESENT APPEAL FALLS UNDER ANY OF THE EXCEPTIO NS MENTIONED IN THE SAID CIRCULAR. IN THESE CIRCUMSTANCES, THIS APPEAL FILED BY THE REVENUE STAND DISMISSED IN LIMINE ON ACCOUNT OF LOW TAX EFFECT. 3. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE COURT AT THE CLOS E OF THE HEARING I.E. 9 TH DAY OF JANUARY, 2018 SD/- SD/- ($ &) ( &) (N.V.VASUDEVAN) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP, SR.P.S (- 09 / 01 /201 8 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-DCIT, C.C-VII, AAYAKAR BHAWAN, POORVA,11 0, SHANTIPALLY, KOLKATA-107 2. /RESPONDENT-M/S NEZONE TUBES LTD., 3A, HARE STREET, 5 TH FLOOR, KOLKATA-001 3. 3 4 / CONCERNED CIT KOLKATA 4. 4- / CIT (A) KOLKATA 5. 7 $$3, 3, / DR, ITAT, KOLKATA 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO 3,