ACIT, CIR-59, KOLKATA, Kolkata V. Hari Mohan Bangur, Kolkata

ITSSA 101/KOL/2015

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2817 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 07-12-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2000-2001
• Appeal Filed On: 10-08-2015
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: NAVIN VERMA ACA
• Keywords: Block assessment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C, BENC H KOLKATA BEFORE SHRI N.V.VASUDEVAN, JM & DR. A.L.SAINI, AM IT(SS)A NO.101/KOL/2015 ( BLOCK ASSESSMENT PERIOD :1990-91 TO 1999-2000 & BROKEN PERIOD AY 2000-2001) ACIT, CIRCLE-59, KOLKATA VS. HARI MOHAN BANGUR, 21, STRAND ROAD, KOLKATA-700001 ./ ./PAN/GIR NO. : ADJPB 0982 E ( /APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI G. MALLIKARJUNA, CIT DR /ASSESSEE BY : SHRI NAVIN VERMA, ACA / DATE OF HEARING : 01/12/2016 /DATE OF PRONOUNCEMENT 07/12/2016 / O R D E R PER DR. ARJUN LAL SAINI, AM: THE CAPTIONED APPEAL FILED BY THE REVENUE, PERTAINI NG TO THE BLOCK ASSESSMENT PERIOD FROM 1990-91 TO 1999-2000, IS DIR ECTED AGAINST AN ORDER PASSED BY LD. COMMISSIONER OF INCOME TAX (APP EALS)-18, KOLKATA IN APPEAL NO.99/CIT(A)-18/CIRCLE-63/KOL/14-15, DATED 0 1.05.2015, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER (AO) UNDER SECTION.158BD/254 OF THE INCOME TAX ACT 1961, (IN S HORT THE ACT), DATED 18.12.2009. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFE CT IN THE APPEAL OF THE REVENUE IS BELOW RS.10 LAKHS, THEREFORE, THE SA ME IS NOT MAINTAINABLE AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015. WE FOUND THAT AS PER THE RECENT CIRCULAR NO.21/2015, D ATED 10 TH DECEMBER, 2015, ISSUED BY THE CBDT, THE MONETARY LIMIT HAS BE EN REVISED FOR FILING OF APPEAL BEFORE ITAT BY THE REVENUE FIXING THE TAX EFFECT LIMIT OF RS.10 IT(SS)A NO.101/15 HARI MOHAN BANGUR 2 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT IS BELOW RS.10 LAKHS, THEREFORE THE SAME IS NOT MAINTAINABLE AND LIABLE TO BE DISMI SSED IN LIMINE. THIS CIRCULAR IS RETROSPECTIVE AND APPLICABLE TO THE PEN DING APPEALS ALSO. 3. CONSIDERING THE ABOVE CBDT CIRCULAR, WE FOUND TH AT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT I N THIS APPEAL IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 07/12 /2016. SD/ - (N.V.VASUDEVAN) S D/ - (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA ; $% DATED 07/12/2016 & ()*/PRAKASH MISHRA , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) ' #$% , / ITAT, 1. / THE APPELLANT-ACIT, CIRCLE-59, KOLKATA 2. / THE RESPONDENT.-HARI MOHAN BANGUR 3. 4 ( ) / THE CIT(A), KOLKATA. 4. 4 / CIT 5. 567 8 , 8 , / DR, ITAT, KOLKATA 6. 79 / GUARD FILE. 5 //TRUE COPY//