DCIT, CC-11, Kolkata, Kolkata V. M/s Maksons Developers Pvt. Limited, Kolkata

MA 99/KOL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5652 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 7 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2002-2003
• Appeal Filed On: 14-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

M.A. NO. 99/KOL/2016 ( IN IT(SS)A NO. 34/KOL/2014) ASSESSMENT YEAR: 2002-2003 M/S. MAKSON DEVELOPERS PVT. LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER M.A. NO. 99/KOL/2016 (ARISING OUT OF I.T.(S.S.)A. NO. 34/KOL/2014) ASSESSMENT YEAR: 2002-2003 ASSISTANT COMMISSIONER OF INCOME TAX,.............. ...............APPLICANT CENTRAL CIRCLE-1(2), KOLKATA -VS.- M/S. MAKSON DEVELOPERS PVT. LIMITED,............... ...............RESPONDENT 79/2. A.J.C. BOSE ROAD, AJANTA HOUSE, KOLKATA-700014 [PAN: AABCM9091R] APPEARANCES BY: SMT. RANU BISWAS, ADDL. CIT, FOR THE APPLICANT SHRI S. JHAJHARIA, FCA, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : FEBRUARY 14, 2020 DATE OF PRONOUNCING THE ORDER : FEBRUARY 14, 2020 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT:- BY THIS MISCELLANEOUS APPLICATION, THE REVENUE IS S EEKING RECALL OF THE TRIBUNALS ORDER DATED DECEMBER 30, 2015 DISMIS SING THE APPEAL OF THE REVENUE BEING IT(SS)A NO. 34/KOL/2014 BY TREATI NG THE SAME AS WITHDRAWN/NOT PRESSED ON THE GROUND THAT THE TAX EF FECT INVOLVED IN THE SAID APPEAL WAS LESS THAN THE MONETARY LIMIT OF RS. 10,00,000/- AS PRESCRIBED IN THE CBDT CIRCULAR NO. 21/2015 DATED 1 0 TH DECEMBER, 2015. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE REVENUE IN THE PRESENT MISCELLANEOUS APPLICATION, THE TAX EFFECT I NVOLVED IN THE APPEAL OF THE REVENUE BEING IT(SS)A NO. 34/KOL/2014 WAS MORE THAN THE MONETARY M.A. NO. 99/KOL/2016 ( IN IT(SS)A NO. 34/KOL/2014) ASSESSMENT YEAR: 2002-2003 M/S. MAKSON DEVELOPERS PVT. LIMITED 2 LIMIT OF RS.10,00,000/- AS PRESCRIBED IN THE CBDT C IRCULAR NO. 21/2015 DATED 10.10.2015 AND THERE WAS A MISTAKE ON THE PAR T OF THE TRIBUNAL IN DISMISSING THE SAID APPEAL ON ACCOUNT OF LOW TAX EF FECT BY TREATING THE SAME AS WITHDRAWN/NOT PRESSED. HOWEVER, AS RIGHTLY POINTED OUT BY THE LD. COUNSEL FOR THE ASSESSEE, THE MONETARY LIMIT FO R FILING THE APPEAL OF THE REVENUE BEFORE THE TRIBUNAL SINCE HAS BEEN INCREASE D BY THE CBDT TO RS.50,00,000/- BY CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 AND SINCE THE MONETARY LIMIT SO INCREASED IS APPLICABLE EVEN TO THE PENDING APPEALS, THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE HAS BECOME VIRTUALLY INFRUCTUOUS. THE LD. D.R. HAS ALSO ACCEPTED THIS PO SITION. WE ACCORDINGLY DISMISS THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 14, 2020. SD/- SD/- (SATBEER SINGH GODARA) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT KOLKATA, THE 14 TH DAY OF FEBRUARY, 2020 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), KOLKATA, (2) M/S. MAKSON DEVELOPERS PVT. LIMITED, 79/2. A.J.C. BOSE ROAD, AJANTA HOUSE, KOLKATA-700014 (3) COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL- III, KOLKATA, (4) COMMISSIONER OF INCOME TAX , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.