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

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ITA 2394/KOL/2019Status: DisposedITAT Kolkata16 November 2021AY 2013-143 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The Tribunal dismissed the Revenue's appeal as withdrawn/not pressed due to low tax effect. Consequently, the assessee's cross-objection was rendered infructuous and also dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the appeal was below the monetary limit prescribed by CBDT circular for filing appeals.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed on account of low tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: Shri P.M. Jagtap, Vice- & Shri Partha Sarathi Chaudhury

Heard together (2 matters)

ITA No. 2394/KOL/2019
CO No. 07/KOL/2020

Read from the judgment's own cause title. This page is filed under one of them.

Date of concluding the hearing : November 16, 2021 Date of pronouncing the order : November 16, 2021

O R D E R Per Shri P.M. Jagtap, Vice-President (KZ):- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-7, Kolkata dated 16th August, 1

CO No. 07/KOL/2020 (in A.Y. 2013-2014 Monoranjan Bera 2019 for assessment year 2013-14. The assessee has also filed Cross Objection being C.O. No. 07/KOL/2020 against the order of ld. CIT(Appeals)-7, Kolkata dated 16.08.2019.

2.

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Revenue before the Tribunal is applicable even to the pending appeals and such appeals are liable to be dismissed as withdrawn or not pressed. We accordingly treat this appeal of the Revenue as withdrawn/not pressed and dismiss the same on account of low tax effect.

3.

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.

4.

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,

CO No. 07/KOL/2020 (in A.Y. 2013-2014 Monoranjan Bera

2, Gariahat Road, South, 1st Floor, Kolkata-700031

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