ITO Ward-30(2), Kolkata, Kolkata V. Debashree Das, Kolkata

MA 125/KOL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7335 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-10-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 23-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJA SENGUPTA
• Assessee Lawyers: SUPARNA BHATTACHARYYA C
• Keywords: Retrospective amendment; Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B, BENCH KOLKATA BEFORE SHRI S. S. GODARA, JM & DR. A. L. SAINI, AM M.A NO.125/KOL/2019 (A/O ITA NO.1789/KOL/2017) ( [ [ / ASSESSMENT YEAR: 2009-10) ITO, WARD-30(2), KOLKATA VS. DEBASHREE DAS P-239/2, HINDUSTAN PARK, KOL-29. ./ ./PAN/GIR NO.: AAIPD3230L (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI RAJA SENGUPTA, JCIT, SR. DR RESPONDENT BY : SHRI SUPARNA BHATTACHARYYA, C.S / DATE OF HEARING : 30/08/2019 /DATE OF PRONOUNCEMENT : 18/10/2019 / O R D E R PER SHRI S. S. GODARA: THIS REVENUES MISCELLANEOUS APPLICATION FILED U/S 254(2) OF THE ACT SEEKS TO RECALL/RECTIFY OUR ORDER DATED 06.12.2018 DISMISSING THE MAIN APPEAL FOR INVOLVING TAX EFFECT OF LESS THAN RS.20 LAKHS AS PER THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE REVENUES ONLY GRIEVANCE IN ITS INSTANT MISCELLANEOUS APPLICATION IS THAT THE TAX EFFECT INVOLVED IN THE MAIN APPEAL IS OF RS.24,47,719/- AND NOT LESS THAN RS.20 LAKHS. LD. AUTHORIZED REPRESENTATIVE IS EQUALLY FAIR IN NOT DISPUTING THE REVENUES COMPUTATION TO THIS EFFECT. WE THEREFORE RECALL OUR ORDER DATED 06.12.2018. THE REVENUES INSTANT MISCELLANEOUS APPLICATION NO.125/KOL/2019 IS ACCEPTED. 3. COMING TO MAIN APPEAL ITA NO.1789/KOL/2017, THE FACT ALSO REMAINS THAT THE CBDTS LATEST CIRCULAR NO.17/2019 DATED 08.08.2019 HAS ALSO ENHANCED THE THRESHOLD TAX LIMIT IN ITS APPEALS BEFORE THE TRIBUNAL TO RS.50 LAKHS. WE THEREFORE HOLD THAT THE FINAL OUTCOME IN THE REVENUES MAIN APPEAL WOULD STILL REMAIN THE SAME GOING BY THE CBDTS LATEST CIRCULAR APPLICABLE TO ALL PENDING APPEALS WITH M.A NO.125/KOL/2019 DEBASHREE DAS PAGE | 2 RETROSPECTIVE EFFECT. THE REVENUES MAIN APPEAL ITA NO.1789/KOL/2017 IS DISMISSED FOR HAVING INVOLVED LOW TAX EFFECT 4. IN THE RESULT, THE REVENUES MISCELLANEOUS APPLICATION MA NO.125/KOL/2019 IS ALLOWED AND ITS MAIN APPEAL ITA NO.1789/KOL/2017 IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 18.10.2019. SD/- ( A. L. SAINI ) SD/- (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER /KOLKATA; / DATE:18/10/2019 (RS, SR.PS) / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT - ITO, WARD-30(2), KOLKATA 2. THE RESPONDENT- DEBASHREE DAS 3. ( ) / THE CIT(A) [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.