DCIT, Circle - 7, Kolkata, Kolkata V. M/s. Bengal Waterproof Limited, Kolkata

MA 114/KOL/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7817 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-02-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2001-2002
• Appeal Filed On: 14-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, A , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA ( ) . . , , . . . . !' # !' # !' # !' # , , ) [BEFORE SRI S.V. MEHROTRA, A.M. & SHRI N. VIJAYAKU MARAN, J.M.] M.A. NO. 114 /KOL./2011 ( $ $ $ $ / IN I.T.A NO. 1646/KOL/2010) %& %& %& %& '( '( '( '( / ASSESSMENT YEAR : 2001-2002 DEPUTY COMMISSIONER OF INCOME TAX, -VS.- M/S. BENGAL WATERPROOF LIMITED, KOLKATA CIRCLE-7, KOLKATA (PAN : AABCB 2876 R) ( )* /APPLICANT ) ( +,)* / RESPONDENT ) FOR THE APPLICANT : SHRI S.K. ROY, D.R . FOR THE RESPONDENT : SHRI SAURABH K EDIA, A.R. # - . # - . # - . # - . / // / /DATE OF HEARING : 03.02.2012 0' . / 0' . / 0' . / 0' . / /DATE OF PRONOUNCEMENT : 03.02.2012 1 / ORDER PER SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER/ . . , :- BY THIS MISCELLANEOUS APPLICATION UNDER SECTION 254 (2) OF THE ACT, DEPARTMENT HAS PRAYED TO RECTIFY THE ORDER OF TRIBUNAL DATED 12.08 .2011 PASSED IN ITA NO. 1646/KOL./2010 FOR ASSESSMENT YEAR 2001-02. 2. THE DEPARTMENTAL APPEAL WAS DISMISSED BY ITAT, K OLKATA IN VIEW OF CBDTS INSTRUCTION NO. 5/2008 DATED 15.05.2008 ON THE GROU ND THAT THE TAX EFFECT IN THE SAID APPEAL WAS LESS THAN RS.3 LAKHS BEING THE MONETARY LIMIT FIXED BY CBDT FOR FILING APPEALS BEFORE TRIBUNAL. WE FIND FROM THE ORDER OF TRIBUNAL DATED 12.08.2011 THAT THE TRIBUNAL HAS DECIDED THIS APPEAL AGAINST THE REVENUE FOLLOWING THE DECISION DATED 03 .03.2011 OF HONBLE DELHI HIGH COURT IN ITA NO. 128/DEL./2008 IN THE CASE OF CIT VS.- DELH I RACE CLUB. THE DECISION OF TRIBUNAL READS AS UNDER :- EVEN THOUGH THIS APPEAL FILED BEFORE 09.02.2011, T HE SAME STILL WILL BE COVERED BY INSTRUCTION NO.2/2011ISSUED ON 09.02.201 1, I.E. THE REVISED MONETARY LIMIT FOR FILING OF APPEAL BEFORE ITAT, WH EREBY THE CBDT HAS FIXED THE LIMIT OF RS.3 LACS. OUR VIEW IS FORTIFIED BY TH E JUDGMENT OF HONBLE DELHI M.A. NO. 114-KOL-2011 (IN ITA NO. 1646/KOL./2010 ) 2 HIGH COURT IN THE CASE OF CIT VS.- DELHI RACE CLUB IN ITA NO. 128/2008 DATED 03.03.2011 HAS HELD AS UNDER :- THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS R S.4,65,860/-. AS PER THE RECENT GUIDELINES OF THE CBDT, APPEAL IN THOSE CASES WHERE THE TAX EFFECT IS LESS THAN 10 LACS, AR E NOT TO BE ENTERTAINED. THIS COURT IN THE CASE OF COMMISSIONER OF INCOME TA X-III V. M/S. P. S. JAIN AND CO. BEING ITA NO. 179/1991 DECI DED ON 2 ND AUGUST, 2010 HAS TAKEN A VIEW THAT SUCH CIRCULAR WO ULD ALSO APPLY TO PENDING CASES. IN VIEW OF THE DECISION OF HONBLE DELHI HIGH COURT , THE REVISED MONETARY LIMIT OF RS. 3 LACS AS PER INSTRUCTION NO. 3/2011 WILL APPLY TO PENDING APPEALS. 3. IN VIEW OF THE ABOVE, WE DO NOT FIND ANY MISTAKE IN THE ORDER OF TRIBUNAL DATED 12.08.2011. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/ 02/2012. SD/- SD/- [ N. VIJAYAKUMARAN / . . . . !' # !' # !' # !' # ] [S.V. MEHROTRA/ ( . . )] JUDICIAL MEMBER/ ACCOUNTANT MEMBER/ DATED : 03/ 02/ 2012 COPY OF THE ORDER FORWARDED TO: 1. M/S. BENGAL WATERPROOF LIMITED, 4 TH FLOOR, DUCKBACK HOUSE, 41, SHAKESPEARE SARANI, KOLKATA-17; 2 DCIT, CIRCLE-7, KOLKATA, P-7, CHOWRINGHEE SQUARE, K OLKATA-69. 3. CIT(APPEALS)- ,KOLKATA 4. CIT- , KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.