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Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]
ORDER Per Shri A.T.Varkey, JM These appeals preferred by the revenue are against the common order of the Ld. CIT(A)-8, Kolkata dated 11-01-2017 for AYs 2010-11, ’11-12, ’12-13 and ’13- 14.
At the outset itself, it is noted that all revenue’ s appeals are hit by CBDT circular No. 17/2019 dated 05.05.2019 and the tax effect involved in each case, which is less than Rs. 50 lacs, therefore, the revenue’s appeal is not maintainable in view of cited the CBDT circular No. 17/2019 dated 05.05.2019. Since 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 not maintainable. 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).
In the result, the appeals of revenue are dismissed as discussed (supra). Order is pronounced in the open court on 17th October, 2019.
Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 17 October, 2019 Jd.(Sr.P.S.)
Copy of the order forwarded to: 1. Appellant – ACIT, Circle-30, Kolkata. 2 Gariahat Road (S), Aaykar Bhawan, Dakshin, Kolkata-68
2 Respondent – M/s. Foto Industries 13 Jamir Lane, Gariahat Mall Basement, Kolkata-19. 3. CIT(A)-7, Kolkata. (sent through e-mail)
CIT , Kolkata 5. DR, ITAT, Kolkata. (sent through e-mail)