ACIT, Central Circle - 4(3), Kolkata , Kolkata V. Shri Girdhari Lal Goenka , Kolkata

ITSSA 87/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9972 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 03-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-12-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 04-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Assessee Lawyers: CHIRAG DESAI ACA
• Keywords: Tax effect

Judgement Text

I.T.(S.S.)A. NOS. 85, 86 & 87/KOL/2018 ASSESSMENT YEAR: 20 11-2012, 2012-2013 & 2013-2014 SRI GIRDHARILAL GOENKA 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.(S.S.)A. NOS. 85, 86 & 87/KOL/2018 ASSESSMENT YEARS: 2011-2012,2012-2013 & 2013-2014 ASSISTANT COMMISSIONER OF INCOME TAX,.............. .............APPELLANT CENTRAL CIRCLE-4(3), KOLKATA, AAYAKAR BHAWAN POORVA, 5 TH FLOOR, ROOM NO. 510, 110, SHANTI PALLY, KOLKATA-700107 -VS.- SRI GIRDHARILAL GOENKA,................... ...........RESPONDENT FLAT NO.2B/1, 2 ND FLOOR, SATYAM TOWERS, 3, ALIPORE ROAD, KOLKATA-700027 [PAN:ADZPG1962B] APPEARANCES BY: SHRI RADHEY SHYAM, CIT, D.R. , FOR THE APPELLA NT SHRI CHIRAG DESAI, ACA, FOR THE RESPONDE NT DATE OF CONCLUDING THE HEARING : DECEMBER 03, 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 03, 2020 O R D E R PER BENCH: THESE THREE APPEALS ARE PREFERRED BY THE REVENUE AG AINST A COMMON ORDER OF LD. COMMISSIONER OF INCOME TAX (APP EALS)-21, KOLKATA DATED 28 TH JUNE, 2018 PASSED, INTER ALIA, FOR A.YS. 2011-12, 2012-13 & 2013-14. 2. AT THE TIME OF HEARING BEFORE THE TRIBUNAL, THE LD. COUNSEL FOR THE ASSESSEE HAS FURNISHED A WORKING SHOWING THAT THE T AX EFFECT INVOLVED IN EACH OF THESE THREE APPEALS IS LESS THAN THE MONETA RY LIMIT OF RS.50,00,000/- FIXED BY THE C.B.D.T. FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITION IS NOT DISPUT ED EVEN BY THE LD. D.R. I.T.(S.S.)A. NOS. 85, 86 & 87/KOL/2018 ASSESSMENT YEAR: 20 11-2012, 2012-2013 & 2013-2014 SRI GIRDHARILAL GOENKA 2 IN THE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 ISSUED BY THE C.B.D.T., THE MONETARY LIMIT FOR FILING THE APPEAL BY REVENUE BEFORE THE TRIBUNAL IS REVISED TO RS.50,00,000/-. AS FURTHER CLARIFIED IN THE SAID CIRCULAR, THE MONETARY LIMIT SO REVISED IS APPLICABLE EVEN TO THE PENDING APPEALS AND THE SAME ARE DIRECTED TO BE WITHDRAWN OR NOT PRESSE D. WE ACCORDINGLY TREAT THESE APPEALS AS WITHDRAWN/NOT PRESSED ON ACC OUNT 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, ALL THE APPEALS FILED BY THE REVE NUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 03, 2 020. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 3 RD DAY OF JANUARY, 2020 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, AAYAKAR BHAWAN POORVA, 5 TH FLOOR, ROOM NO. 510, 110, SHANTI PALLY, KOLKATA-700107 (2) SRI GIRDHARILAL GOENKA, FLAT NO.2B/1, 2 ND FLOOR, SATYAM TOWERS, 3, ALIPORE ROAD, KOLKATA-700027 (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.