ACIT, CIRCLE-30, KOLKATA, KOLKATA vs. M/S FOTO INDUSTRIES, KOLKATA

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ITA 642/KOL/2017Status: DisposedITAT Kolkata17 October 2019AY 2010-112 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 held that the revenue's appeals were not maintainable due to the low tax effect, as per CBDT Circular No. 17/2019. The appeals were dismissed on this ground.

What were the facts?

The revenue filed appeals against the CIT(A)'s order for assessment years 2010-11 to 2013-14. The tax effect in each case was less than Rs. 50 lacs.

What were the issues?

Whether the revenue's appeals are maintainable when the tax effect is below the threshold specified by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

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

Hearing: 17.10.2019Pronounced: 17.10.2019

Heard together (4 matters)

I.T.A. No. 642/Kol/2017
I.T.A. No. 643/Kol/2017
I.T.A. No. 644/Kol/2017
I.T.A. No. 645/Kol/2017

Read from the judgment's own cause title. This page is filed under one of them.

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.

2.

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).

3.

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)

4.

CIT , Kolkata 5. DR, ITAT, Kolkata. (sent through e-mail)

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