CNTRAL CIRCLE-2(2)KOLKATA, KOLKATA V. VIVEK MUNDRA, Kolkata

ITA 894/KOL/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0274 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-10-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 25-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Condonation of delay
• Section: 143(3); 250

Judgement Text

आयकर अपीलीय अधिकरण कोलकाता 'बी' पीठ, कोलकाता म ें IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA डॉ. मनीष बोरड, ल े खा सदस्य एवं श्री संजय शमा ा , न्याधयक सदस्य क े समक्ष Before DR. MANISH BORAD, ACCOUNTANT MEMBER & SONJOY SARMA, JUDICIAL MEMBER I.T.A. No.: 894/KOL/2023 Assessment Year: 2013-14 DCIT, Central Circle-2(2) Kolkata.............................Appellant Vs. Vivek Mundra.......................................................Respondent [PAN: AFQPM 3436 D] Appearances: Department represented by: Sh. P.P. Barman, Addl. CIT, Sr. D/R. Assessee represented by: Sh. N.S. Saini & Smt. Priyanka Salarpuria, A/R. Date of concluding the hearing : October 25 th , 2023 Date of pronouncing the order : October 31 st , 2023 ORDER Per Manish Borad, Accountant Member: This appeal filed by the Revenue pertaining to the Assessment Year (in short ‘AY’) 2013-14 is directed against the order passed u/s 250 of the Income Tax Act, 1961 (in short the ‘Act’) by ld. Commissioner of Income-tax (Appeals)-20, kolkata [in I.T.A. No.: 894/KOL/2023 Assessment Year: 2013-14 Vivek Mundra. Page 2 of 3 short ld. ‘CIT(A)’] dated 16.01.2023 arising out of the assessment order framed u/s 143(3) of the Act dated 31.03.2016. 2. Registry has informed that the appeal filed by the Revenue is time barred by 161 days. Though specific application for condonation of delay has not been filed but during the course of hearing ld. D/R submitted that due to change in system of filing the appeal and requirement to file e-appeal before the ITAT, the delay has occurred to adapt to the necessary procedures and the communication of order to the concerned Assessing Officer. Prayer was made to condone the delay. 2.1. Considering the fact that e-filing of appeal to Tribunal has started recently and certain technical problems ought to be faced in filing of such appeals. We thus, condone the delay and admit the appeal for adjudication on merits. 3. At the time of hearing before the Tribunal, ld. Counsel for the assessee has contended that the tax effect involved in this appeal of the Revenue is less than the monetary limit of Rs. 50,00,000/- fixed by the CBDT for filing the appeal by the Revenue before the Tribunal and this position is not disputed even by the ld. D/R. In the Circular No. 17/2019 dated 8 th August, 2019 issued by the CBDT, the monetary limit for filing the appeal by Revenue before the Tribunal is revised to Rs. 50,00,000/-. As further clarified in the said Circular, the monetary limit so revised is applicable even to the pending appeals and the same are directed to be withdrawn or not pressed. We accordingly treat this appeal as withdrawn/not I.T.A. No.: 894/KOL/2023 Assessment Year: 2013-14 Vivek Mundra. Page 3 of 3 pressed on account of low tax effect in view of the CBDT Circular No. 17/2019 dated 8 th August, 2019 and dismiss the same. 4. In the result, the appeal filed by the Revenue is dismissed as withdrawn. Kolkata, the 31 st October, 2023 Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 31.10.2023 Bidhan (P.S.) Copy of the order forwarded to: 1. DCIT, Central Circle-2(2) Kolkata. 2. Vivek Mundra, 803-804, Shubhum, 1, Sarojini Naidu Sarani, Park Street, Kolkata-700 017. 3. CIT(A)-20, Kolkata. 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. //True copy // By order Assistant Registrar ITAT, Kolkata Benches Kolkata