ACIT, Circle - 2, Siliguri, Siliguri V. Arjun Chhetri, Siliguri

ITSSA 99/KOL/2011

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3280 (ITAT-KOLKATA)
• Duration Of Justice: 5 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 03-05-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 27-10-2016
• Assessment Year: misc
• Appeal Filed On: 27-06-2011
• Court: TRIBUNAL
• Department Lawyers: NIRAJ KUMAR
• Assessee Lawyers: S K TULSIYAN
• Keywords: Tax effect

Judgement Text

1 IT(SS)A NO.99/KOL/2011 ARJUN CHHETRI, BP 1997-98 TO 2003-04 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI A. T. VARKEY, JM & SHRI WASEEM AHMED, AM] I.T(SS).A NO. 99/KOL/2011 BLOCK PERIOD: 1997-98 TO 2002-03 & 2003-04 (PART) ASSISTANT COMMISSIONER OF WEALTH-TAX, CIRCLE-2, SILIGURI. VS. SRI ARJUN CHHETRI (PAN: AGBPK8449E) APPELLANT RESPONDENT DATE OF HEARING 03.05.2017 DATE OF PRONOUNCEMENT 03.05.2017 FOR THE APPELLANT SHRI NIRAJ KUMAR, CIT, DR FOR THE RESPONDENT SHRI S. K. TULSIYAN, ADVOCATE ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), SILIGURI DATED 21.03.2011 FOR BLOCK PERIOD: 1997-98 TO 2002- 03 & 2003-04 (PART). 2. AT THE OUTSET, WE FIND THAT THE APPEAL OF THE RE VENUE FALLS IN THE KEN OF THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, WHEREIN THE CBDT HAS DIRECTED THE DEPARTMENT TO WITHDRAW/NOT PRESS THE APPEAL IF THE TAX EFFECT IS LESS THAN RS. 10 LACS BEFORE THE ITAT. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DAT ED 10.12.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHE THER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECI FIC OPPORTUNITY WAS GIVEN, DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN TH E SAID CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE F IND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRM ED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS VS INDIAN OIL CORPO RATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESE RVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS 2 IT(SS)A NO.99/KOL/2011 ARJUN CHHETRI, BP 1997-98 TO 2003-04 BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. IN CASE THE REVENUE LATER FINDS THAT THE TAX EFFECT IS MORE THAN RS. 10 LAKHS THEN IT IS AT LIBE RTY TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER. WITH THIS CAVEAT, WE ARE INCLIN ED TO DISMISS THIS APPEAL ON THE GROUND THAT IT IS BELOW THE TAX EFFECT OF LESS THAN RS.10 LAKH. SD/- SD/- (WASEEM AHMED) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 3 RD MAY, 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT ACIT, CIRCLE-2, SILIGURI. 2 RESPONDENT SHRI ARJUN CHHETRI, FLAT NO. 6, AKSHAY ATARA APARTMENT, SEVOKE ROAD, SILIGURI 3 . THE CIT(A), SILIGURI 4. 5. CIT , SILIGURI DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .