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

MA 63/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8732 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2000-2001
• Appeal Filed On: 21-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : A BENCH : KOLKATA [BEFORE SRI PRAMOD KUMAR, A.M. & SRI GEORGE MATHAN , J.M.] M.A. NO. 63/KOL./2012 (ARISING OUT OF M.A. NO. 114/KOL./2011 IN I.T.A N O. 1646/KOL/2010) ASSESSMENT YEAR : 2001-200 2 DEPUTY COMMISSIONER OF INCOME TAX, -VS.- M/S. BENGAL WATERPROOF LIMITED, CIRCLE-7, KOLKATA, 4 TH FLOOR, DUCKBACK HOUSE, P-7, CHOWRINGHEE SQUARE, 41, SHAKESPEARE SAR ANI, KOLKATA-700 069 KOLKATA-700 017 [PAN : AABCB 2876 R] (APPLICANT ) ( RESPONDENT ) FOR THE APPLICANT : SHRI ASHOK KR. DEY , D.R. FOR THE RESPONDENT : SHRI SAURABH KEDIA, A. R. DATE OF HEARING : 20.07.2012 DATE OF PRONOUNCEMENT : 20.07.2012 ORDER PER PRAMOD KUMAR : - THE SHORT ISSUE THAT IS RAISED IN THIS MISCELLANEO US APPLICATION IS WHETHER OR NOT THE MONETARY LIMIT, FOR NOT FILING APPEALS, PREVAILING AS ON THE DATE OF FILING APPEAL WILL PREVAIL, OR WHETHER A SUBSEQUENT ENHANCEMENT OF SUCH MONETARY L IMIT WILL ALSO BIND THE TRIBUNAL TO DISMISS THE MATTER IN LIMINE WHEN TAX INVOLVED IS L ESS THAN MONETARY LIMIT IN EXISTENCE AT THE TIME OF ADJUDICATING IN THE APPEAL. 2. THE APPEAL WAS DISPOSED OF ON 12.08.2011, AND TH E MONETARY LIMIT FOR NOT FILING THE APPEAL BEFORE THE TRIBUNAL, AS IT STOOD AT THAT POI NT OF TIME, WAS RS.3 LAKHS WHEREAS ADMITTEDLY TAX EFFECT WAS LESS THAN RS.3 LAKHS. THE CONTENTION OF THE REVENUE IS THAT THIS MONETARY LIMIT OF RS.3 LAKHS CAME IN FORCE ONLY ON 09.02.2011 WHEREAS THE APPEAL WAS FILED ON 19.08.2010 AND THE MONETARY LIMIT AT THAT POINT OF TIME WAS ONLY R S.2 LAKHS. IT IS THIS POINTED OUT THAT THE TRIBUNAL OUGHT TO HAVE DECIDED THE MATTER ON MERITS INSTEAD OF DISMISSING IT SUMMARILY. M.A. NO. 6 3/KOL./2012 (ARISING OUT OF M.A. NO. 114/KOL./2011 IN ITA NO. 1646/KOL./2010) 2 3. PARTIES ARE HEARD AND RECORDS PERUSED. 4. HONBLE HIGH COURTS HAVE, IN A SERIES OF JUDGME NTS, HELD THAT THE MONETARY LIMIT PRESCRIBED IS ALSO APPLICABLE TO APPEALS PENDING ON DAY SUCH INSTRUCT IONS WERE ISSUED . THESE ARE THE VIEWS ALSO IN A RECENT DECISION OF HONBLE KARNATAKA HIGH COURT IN THE CASE OF CIT VS.- RANKA & RANKA [2012] 19 TAXMAN.COM 65 (KAR.). NO CO NTRARY DECISION WAS CITED BEFORE US. THESE VIEWS ARE BINDING ON US. IN THIS VIEW OF THE MATTER, WE SEE NO LEGALLY SUSTAINABLE MERITS IN THE PETITION FILED BY THE ASSESSING OFFICER THERE I S NO MISTAKE MUCH LESS A MISTAKE APPARENT ON RECORD, IN THE ORDER OF THE TRIBUNAL. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.07.2012. SD/- SD/- [ GEORGE MATHAN] [PRAMOD KUMAR] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 20/ 07/ 2012 COPY OF THE ORDER FORWARDED TO: 1. APPLICANT 2 RESPONDENT 3. COMMISSIONER OF INCOME-TAX (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.