ITO, Wd-56(1), kolkata, Kolkata V. Monoj Kumar Kanoria, Kolkata

ITA 911/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9470 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 08-05-2014
• Court: TRIBUNAL
• Department Lawyers: MD GWAYAS UDDIN
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

I.T.A. NO. 911/KOL./2014 ASSESSMENT YEAR: 2009-2010 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA SMC BENCH, KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER I.T.A. NO. 911/KOL/ 2014 ASSESSMENT YEAR : 2009-2010 INCOME TAX OFFICER,................................ .................APPELLANT WARD-56(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 -VS.- MANOJ KANORIA,..................................... ..............................RESPONDENT 33, TOLLYGUNGE CIRCULAR ROAD, KOLKATA-700 053 [PAN: AFNPK 8054 J] APPEARANCES BY: MD. GWAYAS UDDIN, JCIT, FOR THE DEPARTMENT N O N E, FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JANUARY 30, 2017 DATE OF PRONOUNCING THE ORDER : FEBRUARY 08, 2017 O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, KOLKATA DATED 26.02.2014 FOR THE ASSESSMENT YEAR 2009-10. 2 FROM THE RECORD, IT IS FOUND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THAN THE REVISED MONE TARY LIMIT 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 REVENUE IN THIS APPEAL IS NOT DISPUTED EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA) ISSUED 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 CLARIFIED IN THE SAID CIRCULAR, THE SAID MON ETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE I.T.A. NO. 911/KOL./2014 ASSESSMENT YEAR: 2009-2010 PAGE 2 OF 2 CBDT HAS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT P RESSED. KEEPING IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULA R 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 TREATED AS WIT HDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 08, 2017. SD/- J. SUDHAKAR REDDY (ACCOUNTANT MEMBER) KOLKATA, THE 8 TH DAY OF FEBRUARY, 2017 COPIES TO : (1) INCOME TAX OFFICER, WARD-56(1), KOLKATA, 3, GOVERNMENT PLACE (WEST), KOLKATA-700 001 (2) SHRI MANOJ KANORIA, 33, TOLLYGUNGE CIRCULAR ROAD, KOLKATA-700 053 (3) COMMISSIONER OF INCOME-TAX (APPEALS)-XXXVI, K OLKATA, (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.