DCIT, CC-XXII, KOLKATA, Kolkata V. Prapti Properties Pvt. Ltd., Jalpaiguri

ITSSA 75/KOL/2014

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3084 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 23-02-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 23-02-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 24-04-2014
• Court: TRIBUNAL
• Department Lawyers: NIRAJ KUMAR
• Assessee Lawyers: ARVIND AGRAWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENC H KOLKATA BEFORE SHRI A.T.VARKEY, JM & DR. A.L.SAINI, AM IT(SS)A NO.72 TO 75/KOL/2014 ( AY :2006-07, 2008-09, 2009-10 & 2010-11) DCIT, CENTRAL CIRCLE-XXII, KOLKATA-700107 VS. PRAPTI PROPERTIES PVT. LTD., BHANU NAGAR BIRPARA, JALPAIGURI ./ ./PAN/GIR NO. : AACCP 9260 G ( /APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI NIRAJ KUMAR, CIT DR /ASSESSEE BY : SHRI ARVIND AGRAWAL, ADVOCATE / DATE OF HEARING : 23/02/2017 /DATE OF PRONOUNCEMENT 23/02/2017 / O R D E R PER DR. ARJUN LAL SAINI, AM: THESE FOUR CAPTIONED APPEALS FILED BY THE REVENUE, PERTAINING TO THE ASSESSMENT YEARS 2006-07, 2008-09, 2009-10 & 2010-1 1, ARE DIRECTED AGAINST THE SEPARATE ORDERS PASSED BY LD. COMMISSIO NER OF INCOME TAX (APPEALS)-III, KOLKATA, ALL DATED 13.01.2014, WHICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER (AO) UNDER SE CTION.153A/143(3) OF THE INCOME TAX ACT 1961, (IN SHORT THE ACT), DATE D 14.12.2011. 2. AT THE OUTSET, WE HAVE NOTICED THAT THE TAX EFFE CT IN THE APPEALS 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 LAKHS. IN THE INSTANT CASES, THE TAX EFFECT IS BELO W RS.10 LAKHS, THEREFORE IT(SS)A NO.72 TO 75/14 PRAPTI PROPERTIES PVT. LTD. 2 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 THE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE AS THE TAX EFFECT IN THESE APPEALS IS BELOW RS.10 LAKHS. ACCORDINGLY, WE DISMISS THE APPE ALS OF THE REVENUE. 4. IN THE RESULT, ALL APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23/02 /2017. S D/ - (A.T.VARKEY) S D/ - (DR. A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA ; $% DATED 23/02/2017 & ()*/PRAKASH MISHRA , SENIOR PRIVATE SECRETARY / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) ' #$% , / ITAT, DATE INITIAL 1. DRAFT DICTATED ON 23.02.2017 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 23.02.2017 (DICTATION PAD HAS BEEN ENCLOSED ALONG WITH THIS ORIGINAL FILE) SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/P S 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 1. / THE APPELLANT-DCIT,CC-XXII, KOLKATA 2. / THE RESPONDENT.- PRAPTI PROPERTIES PVT. LTD 3. 4 ( ) / THE CIT(A), KOLKATA. 4. 4 / CIT 5. 567 8 , 8 , / DR, ITAT, KOLKATA 6. 79 / GUARD FILE. 5 //TRUE COPY//