ITO (INTERNATIONAL TAXATION) WARD - KOLKATA, KOLKATA vs. M/S. J.K. INDUSTRIES LTD., KOLKATA

At the outset itself, the Ld. Counsel for the assessee Shri D. S. Damle, FCA pointed out that this is a revenue appeal and the tax effect is less than Rs. 50 lacs, therefore, the revenue should either withdraw the appeal or it should be dismissed as withdrawn and cited the CBDT circular No. 17/2019 dated 08.08.2019. It was pointed out to us that the issue in respect of which the appeal is preferred involves tax demand of Euro 23196.96 and this amount even as per the current prevailing exchange rate of Euro @ Rs.82/-, then also the tax demand works out to be less than Rs. 50 lacs. The Ld. DR Shri Supriyo Pal who was in attendance before this Bench submitted that this case is not earmarked to him being an international taxation matter. However, 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less than Rs.50 lacs, we treat the revenue appeal to fall in the ken of CBDT circular (supra) and so we dismiss it as withdrawn.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 J. K. Industries Ltd., AY- 2006-07 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 appeal of revenue is dismissed.