DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2, GUWAHATI vs. SHRI JITENDRA NEWATIA, GUWAHATI

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ITA 215/GTY/2017Status: DisposedITAT Guwahati18 December 2019AY 2012-132 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 declined to hear the appeal as the tax effect was below the prescribed threshold limit of ₹50 lac as per CBDT Circular No.17/2019. The Assessing Officer was permitted to seek rectification if the tax effect computation was irregular.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning assessment year 2012-13. The net tax involved in the appeal was ₹46,55,555.

What were the issues?

Whether the appeal should be admitted when the tax effect is below the prescribed monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 144,Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GAUHATI BENCH “E” COURT AT KOLKATA

Before: Shri S.S.Godara & Dr. A.L.Saini

IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI BENCH “E” COURT AT KOLKATA Before Shri S.S.Godara, Judicial Member and Dr. A.L.Saini, Accountant Member ITA No.215/Gau/2017 Assessment Year :2012-13

DCIT, Circle-2, V/s. Shri Jitendra Newatia Guwahati, 5thFloor, Prathna, Nr. Jesuit Aayakar Bhawan, House, Pani Tank, Jahak G.S. Road, Guwahati- Ghat, Uzanbazar, Guwhti- 781005 781001 [PAN No.AAWPN 1133 H] .. अपीलाथ� /Appellant ��यथ�/Respondent

Shri M.C Omi Ningshen, JCIT SR-DR अपीलाथ� क� ओर से/By Appellant Shri Uttam Kumar Bor Thakur, Advocate ��यथ� क� ओर से/By Respondent 11-12-2019 सुनवाई क� तार�ख/Date of Hearing 18-12-2019 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER BEMCH:- This Revenue’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-1 Guwahati’s order dated 30.06.2018 passed in case No.Guwa-6/2015 involving proceedings u/s 144 r.w.s. 153A of the Income Tax Act, 1961; in short ‘the Act’.

2.

It transpires during the course of hearing that net tax involved in the instant appeal of ₹46,55,555/- only i.e. less than the prescribed threshold limit of ₹50 lac in CBDT’s latest Circular No.17/2019 dated 08.08.2019. We therefore decline instant appeal for this precise reason.

ITA No.232/Gau/2018 Assessment Year: 2010-11 ITO Wd-4(2), Guwa Vs. M/s Kishlay Foods Pvt. Ltd. Page 2 It is made clear that in case the above computation of tax effect suffers from any irregularity, it shall be very much open for the Assessing Officer to seek necessary rectification as per law.

3.

This Revenue’s appeal is dismissed in above terms. Order pronounced in the open court 18/12/2019 Sd/- Sd/- (A.L.Saini) (S.S.Godara) (Accountant Member) Judicial Member) Kolkata, *Dkp �दनांकः- 18/12/2019 कोलकाता/। आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. अपीलाथ�/Appellant-ITO ward-4(2), 5th Fl, Aayakar Bhawan, G.S. Road, Guwahati-05 2. ��यथ� /Respondent-M/s Kishlay Foods Pvt. Ltd.Dewan Patty, Fancy Bazar,Guwahati-001 3. संबं*धत आयकर आयु-त / Concerned CIT Guwahati 4. आयकर आयु-त- अपील / CIT (A) Guwahati 5. 0वभागीय �3त3न*ध, आयकर अपील�य अ*धकरण, / DR, ITAT, Guwahati 6. गाड7 फाइल / Guard file. By order/आदेश से, /True Copy/ Sr. Private Secretary, Head of Office/DDO आयकर अपील�य अ*धकरण, गूवाहाठ� ।

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