D.C.I.T CC - XVI,kolkata., Kolkata V. M/s Green Earth Resources & Projects Ltd., Kolkata

ITSSA 19/KOL/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2049 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 08-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA [BEFORE SHRI P.M.JAGTAP, AM & SHRI S.S.VISWANETHRA RAVI, JM ] IT(SS)A NOS. 19 TO 21/KOL/2013 ASSESSMENT YEARS : 2005-06 TO 2007-08 DCIT, CC-XVI, KOLKATA VS M/S. GREEN EARTH RESOURCES & PROJECTS LTD. PAN : AABCN 1393B (APPELLANT) (RESPONDENT) FOR THE APPELLANT : NONE FOR THE RESPONDENT : NONE DATE OF HEARING : 26.04.2016 DATE OF PRONOUNCEMENT : 26.04.2016 ORDER PER SHRI S.S.VISWANETHRA RAVI, JM THESE THREE APPEALS PREFERRED BY THE REVENUE ARE DI RECTED AGAINST THE SEPARATE ORDERS OF DIFFERENT DATES PASS ED BY THE CIT(APPEALS), CENTRAL-II, KOLKATA FOR THE ASSESSMEN T YEARS 2005- 06 TO 2007-08 FRAMED UNDER SECTION 153A/143(3) OF T HE I.T.ACT. 2. AT THE TIME OF HEARING NOBODY APPEARED ON BEHAL F OF THE REVENUE AS WELL AS ON BEHALF OF THE ASSESSEE. FROM THE APPEALS FILED BY THE REVENUE, IT IS OBSERVED THAT THE TAX E FFECT INVOLVED IN THESE APPEALS OF THE REVENUE IS LESS THAN THE REVIS ED MONETARY LIMIT RECENTLY FIXED BY THE CBDT VIDE CIRCULAR NO.2 1/2015 DATED 10TH DECEMBER,2015 AT RS.10,00,000/- FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION CLEAR LY EVIDENT FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS NOT DISPUTED IT(SS)A NO. 19 TO 21/KOL/2013 M/S. GREEN EARTH RESOURCES & PROJECTS LTD. 2 EVEN BY THE LD. D.R. IN CIRCULAR NO. 21/2015 (SUPRA ) RECENTLY ISSUED BY THE CBDT, THE MONETARY LIMIT FOR FILING T HE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS.10,00,000/- AND AS CLARIFIED IN THE SAID CIRCULA R, THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN T O THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT HAS ALSO INST RUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.10,00,000/- MAY BE WITHDRAWN/ NOT PRESSED. KEEPI NG IN VIEW THE INSTRUCTION GIVEN BY THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015, WHICH IS SQUARELY APPLICABLE IN T HE PRESENT CASES, THE APPEALS FILED BY THE REVENUE IN THESE CA SES ARE TREATED AS WITHDRAWN/NOT PRESSED AND DISMISSED ACCORDINGLY. 3. IN THE RESULT, APPEALS OF THE DEPARTMENT ARE DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.04.2016 SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26 /04/2016 TALUKDAR (SR.PS) COPY OF THE ORDER FORWARDED TO: 1. M/S. GREEN EARTH RESOURCES & PROJECTS LTD., 1/1W , GARIAHAT ROAD (SOUTH), JODHPUR PARK, MEZZANINE FLOOR, KOLKATA 700 068 2 DCIT , CC-XVI, KOLKATA. 3. THE CIT-I, KOLKATA, 4. THE C IT(A)-I, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES IT(SS)A NO. 19 TO 21/KOL/2013 M/S. GREEN EARTH RESOURCES & PROJECTS LTD. 3