What did the Tribunal hold?

The Tribunal held that the Revenue's appeals were to be dismissed as withdrawn/not pressed due to low tax effect, as per CBDT Circular No. 17/2019. Consequently, the assessee's cross-objections became infructuous and were also dismissed.

The Revenue filed six appeals before the ITAT against an order of the CIT(A). The assessee also filed cross-objections. The tax effect in each appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether appeals filed by the Revenue with a tax effect below the prescribed monetary limit are to be dismissed as withdrawn or not pressed. The impact of such dismissal on pending cross-objections.

DCIT vs M/S. G.S. Atwal & Company… | ITAT Kolkata 2020

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

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

Date of concluding the hearing : March 17, 2020 Date of pronouncing the order : March 17, 2020

O R D E R Per Bench: These six appeals are preferred by the Revenue against a common order of ld. Commissioner of Income Tax (Appeals)-20, Kolkata dated 4th July, 2019 for assessment years 1999-2000 to 2004-05 and the same are I.T.A. Nos. 2228 to 2233/KOL/2019 & C.O. Nos. 49 to 54/KOL/2019 (in to 2233/KOL/2019) Assessment Years: 1999-2000 to 2004-2005 M/s. G.S. Atwal & Co. (Engg.) Pvt. Limited being disposed of by a single consolidated order along with the Cross Objections filed by the assessee being C.O. Nos. 49 to 54/KOL/2019.

As pointed out by the ld. Counsel for the assessee, at the outset, the tax effect involved in each of six appeals 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Revenue before the Tribunal is applicable even to the pending appeals and such appeals are liable to be dismissed as withdrawn or not pressed. We accordingly treat all these six appeals of the Revenue as withdrawn/not pressed and dismiss the same on account of low tax effect.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 corresponding appeals of the Revenue on account of low tax effect, the Cross Objections filed by the assessee being C.O. Nos. 49 to 54/KOL/2019 have become infructuous as agreed even by the ld. Counsel for the assessee and the same are also liable to be dismissed.

In the result, all the appeals of the Revenue as well as the Cross Objections of the assessee are dismissed. Order pronounced in the open Court on March 17, 2020.

Sd/- Sd/- (Satbeer Singh Godara) (P.M. Jagtap) Judicial Member Vice-President Kolkata, the 17th day of March, 2020 Copies to : (1) Deputy Commissioner of Income Tax, Circle-11(1), Kolkata, Aayakar Bhawan, 6th Floor, P-7, Chowringhee Square, Kolkata-700069 I.T.A. Nos. 2228 to 2233/KOL/2019 & C.O. Nos. 49 to 54/KOL/2019 (in to 2233/KOL/2019) Assessment Years: 1999-2000 to 2004-2005 M/s. G.S. Atwal & Co. (Engg.) Pvt. Limited

(2) M/s. G.S. Atwal & Co. (Engg.) Pvt. Limited, Jubilee Park, 4B, Little Russel Street, Shakespeare Sarani, Kolkata-700071

(3) Commissioner of Income Tax (Appeals)-20, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative

DCIT, CIRCLE - 11(1), KOLKATA vs. M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

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