DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. BUROGOHAIN TEA COMPANY LIMITED, GOLAGHAT

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ITA 112/GTY/2017Status: DisposedITAT Guwahati17 June 2020AY 2011-122 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect in this appeal was Rs. 23,85,571/-. As per the latest CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50 lacs are to be dismissed.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order for AY 2011-12. This was the second round of appeal, with the first round having been dismissed due to a mistaken assessment of the tax effect.

What were the issues?

The primary issue was whether the revenue's appeal should be dismissed based on the tax effect threshold stipulated in the latest CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH, “E

Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]

Hearing: 12.06.2020Pronounced: 17.06.2020

ORDER

Per Shri A.T.Varkey, JM

1.

This is an appeal preferred by the revenue against the order of Ld. CIT(A), Guwahati-2, Guwahati dated 30.03.2017 for Ay 2011-12.

2.

This is the second round of appeal. In the first round the Tribunal by order dated 19.01.2018 had mistakenly noted that the tax effect involved in this revenue appeal was less than Rs. 10 lacs and consequently it was dismissed. By M.A No. 08/Gau/2018 it was listed today i.e. on 12.06.2020 when we recalled the order and fixed the appeal for hearing again. 3. We note that the revenue has contended that the tax effect in this case is Rs.23,85,571/-. So, we note that this appeal also cannot survive in the light of the latest CBDT Circular No.17/2019 dated 08.08.2019 wherein the tax effect has been raised from Rs. 10 lacs to Rs. 50 lacs, therefore, this appeal of the revenue since it is hit by the latest circular (supra), we are inclined to dismiss the revenue’s appeal for this reason. 3. In the result, the appeal of revenue is dismissed. Order is pronounced in the open court on 17th June, 2020. Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) Accountant Member Judicial Member Dated :17th June, 2020 Jd.(Sr.P.S.)

2 Burogohain Tea Co. Ltd., AY- 2011-12 Copy of the order forwarded to:

1. 1. Appellant – DCIT, Circle-4, Guwahati 2 Respondent – M/s. Burogohain Tea Co. Ltd., Govindapur Tea Estate, Govindapur, Latekujan, Golaghat, Pin-785621.

3. CIT(A)-2, Guwahati CIT-, , Guwahati 4.

5.

DR, ITAT, Guwahati.

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