ACIT, CIRCLE - 25, KOLKATA, KOLKATA vs. SRI SUBHATOSH MAJUMDER, KOLKATA

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ITA 2007/KOL/2017Status: DisposedITAT Kolkata16 October 2019AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the tax effect was less than Rs. 50 lacs and therefore fell within the scope of the CBDT circular. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue preferred an appeal against the order of the CIT(A) for AY 2012-13. The assessee's counsel pointed out that the tax effect was below Rs. 50 lacs, citing a CBDT circular.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to a low tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]

Hearing: 26.09.2019Pronounced: 16..10.2019

ORDER

Per Shri A.T.Varkey, JM

1.

This appeal preferred by the revenue is against the order of the Ld. CIT(A)-7, Kolkata dated 05.05.2017 for AY 2012-13.

2.

At the outset itself, the Ld. Counsel for the assessee Shri Pratyush Jhunjhunwala, Advocate pointed out that this is a revenue appeal and the tax effect involved in this appeal of revenue is less than Rs. 50 lacs, therefore, the revenue should either withdraw the appeal or it should be dismissed as withdrawn and cited the CBDT circular No. 17/2019 dated 08.08.2019. Therefore, we taking note that the tax effect involved in this appeal of the revenue is less than Rs.50 lacs, we treat the revenue appeal to fall in the ken of CBDT circular (supra) and so we dismiss it as withdrawn. However, the revenue is at liberty to prefer Misc. Application to recall this order provided it falls under any of the exception clauses cited in the CBDT Circular (supra). 3. In the result, the appeal of revenue is dismissed. Order is pronounced in the open court on 16 October, 2019.

Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 16 October, 2019 Jd.(Sr.P.S.)

Subhatosh Majumder., AY- 2012-13 Copy of the order forwarded to:

1. 1. Appellant – ACIT, Circle-25, Kolkata. 2 Respondent – Shri Subhatosh Majumder, 5, Harish Mukherjee Road, Kolkata-700 025.

3. CIT(A)-7, Kolkata. (sent through e-mail) 4. CIT , Kolkata 5. DR, ITAT, Kolkata. (sent through e-mail)

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