DCIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. SUNSHINE TRACON PVT. LTD., , HOWRAH

order

: February 05, 2019 ORDER

Per P.M. Jagtap, Vice President

therein by the Revenue read as under: “1. Whether on the basis of facts & circumstances of the case and in law the Ld. CIT(A), Kolkata erred in deleting the addition of Rs. 38,67,855/- u/s 14A of the IT Act, read with Rule 8D of the IT Rule, 1962 without appreciating the views of the A.O.

2. Whether on the basis of facts & circumstances of the case and in law the Ld. CIT(A), Kolkata erred in deleting the addition of Rs. 38,67,855/- u/s 14A of the IT Act, read with Rule 8D of the IT Rule, 1962 ignoring the recent judgment dated 12.02.2018 of the Hon’ble Supreme Court in the case of Maxopp Investment Ltd. (SC) where it is held that the applicability of sec. 14A does not hinge on the actual earning of tax-exempt income.”

2. At the time of hearing fixed in this case today i.e. 05.02.2019, none has appeared on behalf of the assessee. As pointed out by the Assessment Year: 2012-13 M/s. Sunshine Tracon Pvt. Ltd. learned DR, the tax effect involved in this appeal of the assessee however is less than monetary limit of Rs. 20 lacs fixed by the CBDT vide Circular No. 3/2018 dated 11.07.2018 for filing the appeal of the revenue before the Tribunal. As clarified in the said circular, the revised monetary limit of Rs. 20 lacs for filing the appeal before the Tribunal is applicable even to the pending appeals and such appeals may be treated as not pressed / withdrawn. We accordingly dismiss this appeal of the revenue by treating the same as not pressed / withdrawn.