ITO, WARD - 25(1), KOLKATA , KOLKATA vs. SHRI MANORANJAN BERA , KOLKATA

As pointed out by the ld. Counsel for the assessee, at the outset, the tax effect involved in this appeal is less than the monetary limit of Rs.50,00,000/- fixed by the C.B.D.T. vide Circular No. 17/2019 dated 8th August, 2019 for filing the appeal by the Revenue before the Tribunal and this position clearly evident from the record is not disputed even by the ld. D.R. As clarified by the CBDT in the said Circular, the revised monetary limit of Rs.50,00,000/- for filing the appeal by the Revenue before the Tribunal is applicable even to the pending appeals and such appeals are liable to be dismissed as withdrawn or not pressed. We accordingly treat this appeal of the Revenue as withdrawn/not pressed and dismiss the same on account of low tax effect.

As a result of the dismissal of the appeal of the Revenue on account of low tax effect, the Cross Objection filed by the assessee being C.O. No. 07/KOL/2020 has become infructuous as agreed even by the ld. Counsel for the assessee and the same is also liable to be dismissed.

In the result, the appeal of the Revenue as well as the Cross Objection of the assessee both are dismissed. Order pronounced in the open Court on November 16, 2021. Sd/- Sd/- (Partha Sarathi Chaudhury) (P.M. Jagtap) Judicial Member Vice-President (KZ) Kolkata, the 16th day of November, 2021 Copies to : (1) Income Tax Officer, Ward-25(4), Kolkata, Aayakar Bhawan Dakshin,