ITO (IT), WARD-KOLKATA, KOLKATA vs. M/S UTSAV FASHION PVT. LTD., KOLKATA

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ITA 1511/KOL/2019Status: DisposedITAT Kolkata04 August 2020AY 2013-142 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 CBDT Circular No. 17/2019 revised the monetary limit for appeals to Rs. 50,00,000/- and this applied to pending appeals. Therefore, the appeal was treated as withdrawn/not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee contended that the tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal considering the low tax effect in light of the CBDT circular.

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap, Vice- & Shri Satbeer Singh Godara

Per Shri P,M. Jagtap, Vice-President:

1.

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-22, Kolkata dated 29th March, 2019 passed for the assessment year 2013-14.

2.

At the time of hearing before the Tribunal, the ld. Counsel for the assessee has contended that the tax effect involved in this appeal of the Revenue is less than the monetary limit of Rs.50,00,000/- fixed by the C.B.D.T. for filing the appeal by the Revenue before the Tribunal and this position is not disputed even by the ld. D.R. In the Circular No. 17/2019 Assessment Year: 2013-2014 M/s. Utsav Fashion Pvt. Limited dated 8th August, 2019 issued by the C.B.D.T., the monetary limit for filing the appeal by Revenue before the Tribunal is revised to Rs.50,00,000/-. As further clarified in the said Circular, the monetary limit so revised is applicable even to the pending appeals and the same are directed to be withdrawn or not pressed. We accordingly treat this appeal as withdrawn/not pressed on account of low tax effect in view of the CBDT Circular No.17/2019 dated 8th August, 2019 and dismiss the same.

3.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on August 04, 2020.

Sd/- Sd/- (Satbeer Singh Godara) (P.M. Jagtap) Judicial Member Vice-President Kolkata, the 4th day of August, 2020 Copies to : (1) Income Tax Officer (International Taxation), Ward-Kolkata, Kolkata, Aayakar Bhawan Poorva, 2 nd Floor, 110, Shanti Pally, Kolkata-700107 (2) M/s. Utsav Fashion Pvt. Limited, D.N. 51, Merlin Infinite, Room No. 1211-1213, 12th Floor, Sector-5, Salt Lake City, Kolkata-700091

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