ACIT, CC-3(1), KOLKATA, Kolkata V. M/s Visa Minmetal Ltd., Kolkata

ITSSA 83/KOL/2015

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2813 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 07-12-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 26-05-2015
• Court: TRIBUNAL
• Department Lawyers: G MALLIKARJUNA
• Assessee Lawyers: AMIT KUMAR ACA
• Keywords: 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.83/KOL/2015 ( / ASSESSMENT YEAR:2010-2011) ACIT, CC-3(1), KOLKATA AAYAKAR BHAVAN POORVA, 110-SHANTIPALLY, KOLKATA-700107 VS. M/S VISA MINMETAL LIMITED, VISA HOUSE, 8/10, ALIPORE ROAD, KOLKATA-700027 ./ ./PAN/GIR NO. : AADCV 1426 H ( /APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI G.MALLIKARJUNA, CIT DR /ASSESSEE BY : SHRI AMIT KUMAR, ACA / DATE OF HEARING : 30/11/2016 /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 ASSESSMENT YEAR 2010-2011, IS DIRECTED AGAINST AN O RDER PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLKATA IN APPEAL NO.548/CC-3(1)/CIT(A)-21/14-15, DATED 13.03.2015, W HICH IN TURN ARISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER (AO ) UNDER SECTION.153A/143(3) OF THE INCOME TAX ACT 1961, (IN SHORT THE ACT), DATED 28.03.2013. 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.83/15 M/S VISA MINMETAL LIMITED 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) SD/ - (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, CC-3(1), KOLKATA 2. / THE RESPONDENT.-M/S VISA MINMETAL LTD. 3. 4 ( ) / THE CIT(A), KOLKATA. 4. 4 / CIT 5. 567 8 , 8 , / DR, ITAT, KOLKATA 6. 79 / GUARD FILE. 5 //TRUE COPY//