ITO(E), WD-1(4),KOLKATA, KOLKATA vs. MAMATA SHANKAR BALLET TROUPE, KOLKATA

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ITA 2130/KOL/2016Status: DisposedITAT Kolkata28 September 2018AY 1997-982 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The Tribunal dismissed the appeal of the Revenue as withdrawn, citing the CBDT circular regarding monetary limits. The Tribunal also noted that the issue was covered by its own previous decision.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal did not exceed the monetary limit prescribed by a CBDT circular. The issue was also covered by a previous decision of the Tribunal in the assessee's own case.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed due to low tax effect as per CBDT circular. Whether the issue is covered by a previous decision of the Tribunal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy

Appearances by: Shri Soumitra Choudhury, appeared on behalf of the assessee. Shri Sital Chandra Das, Addl. CIT, Sr. D/R. appearing on behalf of the Revenue. Date of concluding the hearing : August 30th, 2018 Date of pronouncing the order : September 28th , 2018 ORDER Per J. Sudhakar Reddy, AM :- In this appeal of the revenue, the undisputed fact is that the tax effect does not exceed the monetary limit of Rs.20,00,000/-, as fixed by the CBDT Circular No.3/2018, F. NO. 279/Misc. 142/2007-ITJ (Pt), dt. 11th July, 2018. As mandated by this above referred Circular No. 3/2018, this appeal of the revenue is dismissed as withdrawn.

2.

Even otherwise, the issue involved in this appeal is covered by the decision of the ‘B’ Bench of the ITAT, Kolkata, in the assessee’s own case for the Assessment Year 2006- 07, in Assessment Year 2006-07, order dt. 02/08/2017.

3.

In the result, appeal of the revenue is dismissed.

Kolkata, the 28th day of September, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 28.09.2018 {SC SPS}

Assessment Year: 1997-98 Mamata Shankar Ballet Troupe Copy of the order forwarded to: 1. Mamata Shankar Ballet Troupe 318/C, Prantik Palli Rajdanga Kolkata – 700 107 2. Income Tax Officer(Exemptions), Ward-1(4) Kolkata 3. CIT(A)- 4. CIT- 15 , 5. CIT(DR), Kolkata Benches, Kolkata.

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