DCIT, Central Circle - 4(4), Kolkata , Kolkata V. Sri Susanta Kr. Roy , Siliguri

ITSSA 45/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8196 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 29-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIR
• Keywords: Tax effect

Judgement Text

I.T.(SS)A. NO. 45/KOL/2018 ASSESSMENT YEAR: 2 012-2013 SRI SUSANTA KR. ROY 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.(SS)A. NO. 45/KOL/2018 ASSESSMENT YEAR: 2012-2013 DEPUTY COMMISSIONER OF INCOME TAX,................. .........................APPELLANT CENTRAL CIRCLE-4(4), KOLKATA, AAYAKAR BHAWAN POORVA,5 TH FLOOR, 110, SHANTI PALLY, KOLKATA-700107 -VS.- SRI SUSANTA KR. ROY,............................... .......................................RESPONDENT ANANDALOKE CINEMA COMPLEX, STATION FEEDER ROAD, SILIGURI-734001 [PAN:ACXPR9580P] APPEARANCES BY: SHRI IMOKABA JAMIR, CIT, D.R. , FOR THE APPELLA NT SHRI SUBASH AGARWAL, ADVOCATE, FOR THE RESPONDE NT DATE OF CONCLUDING THE HEARING : JANUARY 22, 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 22, 2020 O R D E R PER SHRI P,M. JAGTAP, VICE-PRESIDENT: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLKATA DA TED 26 TH APRIL, 2018 PASSED FOR THE ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING BEFORE THE TRIBUNAL, THE 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 C.B.D.T. FOR FILING THE APPEAL BY THE REVENUE BEFOR E THE TRIBUNAL AND THIS POSITION IS NOT DISPUTED EVEN BY THE LD. D.R. IN TH E CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 ISSUED BY THE C.B.D.T., THE MONETARY LIMIT FOR FILING I.T.(SS)A. NO. 45/KOL/2018 ASSESSMENT YEAR: 2 012-2013 SRI SUSANTA KR. ROY 2 THE APPEAL BY REVENUE BEFORE THE TRIBUNAL IS REVISE D TO RS.50,00,000/-. AS FURTHER CLARIFIED IN THE SAID CIRCULAR, THE MONE TARY LIMIT SO REVISED IS APPLICABLE EVEN TO THE PENDING APPEALS AND THE SAME ARE DIRECTED TO BE WITHDRAWN OR NOT PRESSED. WE ACCORDINGLY TREAT THIS APPEAL AS WITHDRAWN/NOT PRESSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND DISMISS THE SAME. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 22, 2 020. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 22 ND DAY OF JANUARY, 2020 COPIES TO : (1) DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(4), KOLKATA, AAYAKAR BHAWAN POORVA,5 TH FLOOR, 110, SHANTI PALLY, KOLKATA-700107 (2) SRI SUSANTA KR. ROY, ANANDALOKE CINEMA COMPLEX, STATION FEEDER ROAD, SILIGURI-734001 (3) COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLK ATA, (4) COMMISSIONER OF INCOME TAX , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.