ITO,Ward-1(1), Kolkata, Kolkata V. M/s Ashika Venture Capital Pvt. Ltd., Kolkata

MA 128/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9408 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 27-07-2012
• Court: TRIBUNAL
• Department Lawyers: K N JANA
• Assessee Lawyers: S M SURANA
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH C, KOLKATA () BEFORE , , , , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. . ! ! ! !. .. . , '# SHRI C.D.RAO, ACCOUNTANT MEMBER $ $ $ $ / M.A.NO.128/KOL/2012 A/O ITA NO . 947/KOL/2010 %& '(/ ASSESSMENT YEAR : 2004-05 (*+ / APPELLANT ) I.T.O., WARD-1(1), KOLKATA - % - - VERSUS - . (-.*+/ RESPONDENT ) M/S.ASHIKA VENTURE CAPITAL PVT. LTD., KOLKATA (PAN: AADCA 4565 E) *+ / 0 '/ FOR THE APPELLANT: SHRI K.N.JANA -.*+ / 0 '/ FOR THE RESPONDENT: SHRI S.M.SURANA 1%2 / !# /DATE OF HEARING : 05.10.2012 3' / !# /DATE OF PRONOUNCEMENT : 05.10.2012. '4 / ORDER ( (( ( . .. . ! ! ! !. .. . ) )) ), , , , '# PER SHRI C.D.RAO, AM THE ABOVE MISCELLANEOUS APPLICATION HAS BEEN FILED BY REVENUE TO RECALL THE ORDER OF TRIBUNAL DATED 30.01.2012 VIDE ITA NO.947/ KOL/2010 PERTAINING TO A.YR. 2007-08.. 2. BY THIS MISCELLANEOUS APPLICATION THE REVENUE W ANTS TO RECALL THE ORDER OF THIS TRIBUNAL DATED 30.01.2012 BY STATING THAT 4. THAT PRESENT APPEAL WAS FILLED IN THE YEAR 2010 AND INSTRUCTION RELIED UPON CAME IN THE YEAR 2011 AND IS APPLICABLE TO APPEALS FILED ON OR AFTER 09.02.2011. 5. THAT APPEAL IN THE INSTANT CASE IS COVERED BY TH E CBDT INSTRUCTION NO.5 OF 2008 WHEREIN TAX EFFECT FOR FILING APPEAL BEFORE ITAT WA S ONLY RS.2 (TWO)LACS. 2 6. THAT IN THE INSTANT CASE TAX EFFECT IS RS.2,73,8 11/- WHICH IS MORE THAN PRESCRIBED LIMIT AS PER CBDT INSTRUCTION NO.5 OF 2008. 3. ON THE OTHER HAND, THE LD. AR APPEARING ON BEHAL F OF ASSESSEE HAS SUBMITTED THAT THE TRIBUNAL HAS TAKEN A DECISION RESPECTFULLY FOLLOWING THE DECISION OF HONBLE DELHI HIGH COURT ON THE SAME ISSUE. HE FURTHER REFE RRED TO PARA 5 OF THE TRIBUNALS ORDER WHEREIN THE TRIBUNAL HAS DISCUSSED THE VIEW E XPRESSED BY THE HONBLE DELHI HIGH COURT. THEREFORE THERE IS NO MISTAKE APPARENT FROM RECORD. HE FURTHER SUBMITTED THAT THE SAME VIEW HAS BEEN TAKEN BY THE HONBLE BO MBAY HIGH COURT IN THE CASE OF CIT, CENTRAL-III, MUMBAI VS M/S.VIRENDRA & CO. VIDE ITA NO.987 OF 2000 DATED 20 TH JULY, 2012. THEREFORE HE REQUESTED TO DISMISS THE M ISCELLANEOUS APPLICATION FILED BY THE REVENUE. 4. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CAREF UL PERUSAL OF MATERIALS AVAILABLE ON RECORD, KEEPING IN VIEW OF THE FACT TH AT SEVERAL HIGH COURTS HAVE TAKEN A VIEW THAT THE MONETARY LIMITS PRESCRIBED BY THE CBD T IN CIRCULAR NO.3/2011(F.NO.279/MISE/142/2007-ITJ) DATED 9.2.201 1 IS APPLICABLE EVEN TO THE PENDING CASES. WE FIND THAT THERE IS NO MISTAKE IN THE ORDER OF THE TRIBUNAL WHEREIN THE TRIBUNAL HAS FOLLOWED THE HIGH COURTS DECISION S. THEREFORE WE DISMISS THE MISCELLANEOUS APPLICATION OF THE REVENUE. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION OF T HE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05.10.2012. SD/- SD/- , , , , MAHAVIR SINGH, JUDICIAL MEMBER . .. . ! ! ! !. .. . , , , , '# '# '# '# , C.D.RAO, ACCOUNTANT MEMBER. ( (( (!# !# !# !#) )) ) DATE: 05.10.2012. R.G.(.P.S.) 3 '4 / -5 6'5'7- COPY OF THE ORDER FORWARDED TO: 1. M/S.ASHIKA VENTURE CAPITAL PVT. LTD., TRINITY, 22 6/1, A.J.C.BOSE ROAD, KOLKATA-700020. 2 I.T.O., WARD-1(1), KOLKATA 3. THE CIT-I, KOLKATA, 4. THE CIT(A)-I, KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA .5 -/ TRUE COPY, '4%1/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES