DCIT, CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. CHEVIOT COMPANY LIMITED, KOLKATA

PDF · subscribers
ITA 1501/KOL/2017Status: DisposedITAT Kolkata28 December 2018AY 2012-132 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 appeal was not maintainable as the tax effect was below the minimum threshold limit of ₹20 lakh prescribed by CBDT Circular No. 3/2018.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for assessment year 2012-13. The net tax effect in the appeal was found to be ₹12,01,409/-.

What were the issues?

Maintainability of the Revenue's appeal based on the tax effect threshold prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA

Before: Shri S.S.Godara & Shri, M. Balaganesh

Hearing: 2812

Shri Pradip Majumdar, Addl. CIT-SR-DR अपीलाथ� क� ओर से/By Appellant Shri Manish Tiwari, FCA ��यथ� क� ओर से/By Respondent 26-12-2018 सुनवाई क� तार�ख/Date of Hearing 2812-2018 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER S.S.Godara, Judicial Member:- This Revenue’s appeal for assessment year 2012-14 arises against the Commissioner of Income Tax (Appeals)-12 Kolkata’s order dated 22.03.2017, passed in case No.10178/CIT(A)-1/Kol./Circle-1(1)/2015-16, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.

2.

Learned Authorized Representative at the outset files before us a computation chart indicating the net tax effect involved in the instant Revenue’s appeal to be ₹12,01,409/- i.e. less at the minimum threshold limit of ₹ 20 lakh prescribed in the threshold limit in CBDT’s latest Circular No. 3/2018 dated 11.07.2018. The said Circular No. 3/2018 dated 11.07.2018 DCIT, Cir-1(1) Kol. Vs. M/s Chevoit Co. LTd. Page 2 has admittedly been made applicable in all pending case instituted at Revenue’s behest. We thus hold that this Revenue’s appeal is not maintainable for having involved less than the above prescribed tax effect of ₹ 20 lac.

Recent GST High Court judgments

Search GST case law →