I.T.O.,WARD-9(3), KOLKATA vs. M/S PNG DEVELOPERS PVT. LTD., KOLKATA

PDF · subscribers
ITA 257/KOL/2020Status: FixedITAT Kolkata02 July 2020AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the revised monetary limit of Rs. 50,00,000/- set by CBDT Circular No. 17/2019. Consequently, the appeal was treated as withdrawn/not pressed.

What were the facts?

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

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect below the CBDT's prescribed monetary limit for filing appeals.

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

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)-3, Kolkata dated 23rd October, 2019 passed for the assessment year 2014-15.

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 Assessment Year: 2014-15 M/s. PNG Developers Pvt. Ltd. position is not disputed even by the ld. D.R. In the Circular No. 17/2019 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said Circular, the monetary limit so revised is applicable even to the pending appeals and the same are directed to be withdrawn or not pressed. We accordingly treat this appeal as withdrawn/not pressed on account of low tax effect in view of the CBDT Circular No.17/2019 dated 8th August, 2019 and dismiss the same.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 2nd July, 2020.

Recent GST High Court judgments

Search GST case law →