ITO (INTERNATIONAL TAXATION) WARD- KOLKATA, KOLKATA vs. M/S. DIC FINE CHEMICALS PVT. LTD., KOLKATA

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ITA 944/KOL/2017Status: DisposedITAT Kolkata16 October 2019AY 2014-152 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 tax effect was below the threshold specified in the CBDT circular. Therefore, the Tribunal treated the appeal as falling under the purview of the circular.

What were the facts?

The revenue preferred an appeal against the CIT(A)'s order for AY 2014-15. The tax effect involved in the appeal was Rs. 48,25,498/-, which was less than Rs. 50 lacs.

What were the issues?

The primary issue was whether the revenue appeal should be dismissed due to 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: 26.09.2019

ORDER

Per Shri A.T.Varkey, JM

1.

This appeal preferred by the revenue is against the order of the Ld. CIT(A)-22, Kolkata dated 23.02.2017 for AY 2014-15.

2.

At the outset itself, the Ld. Counsel for the assessee Shri Akkal Dudhwewala, FCA pointed out that this is a revenue appeal and the tax effect involved in this appeal of revenue is Rs.48,25,498/- which is less than Rs. 50 lacs, therefore, the revenue should either withdraw the appeal or it should be dismissed as withdrawn and cited the CBDT circular No. 17/2019 dated 08.08.2019.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less than Rs.50 lacs, we treat the revenue appeal to fall in the ken of CBDT circular (supra) and so we dismiss it as withdrawn.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.)

DIC Fine Chemicals Pvt. Ltd., AY- 2014-15 Copy of the order forwarded to: 1. Appellant – ITO(IT), Ward-Kolkata, Kolkata. 2 Respondent – M/s. DIC Fine Chemicals Pvt. Ltd., Transport Depot Road, Kolkata-700088 3. CIT(A)-22, Kolkata. (sent through e-mail) 4. CIT , Kolkata 5. DR, ITAT, Kolkata. (sent through e-mail)

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