What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable. This decision was based on the CBDT Circular No. 21/2015, which sets monetary limits for filing appeals.

The Revenue filed an appeal against the order of the CIT(A) for the Assessment Year 2009-10. The tax effect in this appeal was admittedly below Rs. 10 Lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal due to the tax effect being below the threshold stipulated by CBDT circulars.

I.T.O WD - 12(1) vs M/S. Surovi Mansion Jewellers Pvt… | ITAT Kolkata 2018

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

Before: Sri J. Sudhakar Reddy

Income Tax Officer, Kolkata…………………..……………………………………………….…….Appellant Ward No. 12(2), P-7, Chowringhee Square, Aayakar Bhawan, 7th Floor, Kolkata – 700 069 M/s. Surovi Mansion Jewellers Pvt. Ltd...……………………………………………………Respondent 195/3B, Rash Behari Avenue, Ballygunge, Kolkata – 700 019. [PAN : AAICS 3050 P] Appearances by: Shri Sallong Yaden , Addl. CIT, appeared on behalf of the Revenue. Shri Saurabh Gupta, FCA appearing on behalf of the Assesssee. Date of concluding the hearing : March 28, 2018 Date of pronouncing the order : April 12, 2018 ORDER Per J. Sudhakar Reddy, AM :-

This is an appeal filed by the Revenue directed against the order of the Commissioner of Income Tax (Appeals)-4, Kolkata, (hereinafter the ‘Ld. CIT(A)’), dt. 22/09/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2009-10. 2. This appeal of the Revenue is to be dismissed as not maintainable in view of the CBDT Circular No. 21/2015, dated 10th December, 2015, as the tax effect is admittedly below Rs. 10 Lakhs.

In the result the appeal of the Revenue is dismissed.

Kolkata, the 12th day of April, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 12.04.2018 {SC SPS}

Assessment Year: 2009-10 M/s. Surovi Mansion Jewellers Pvt. Ltd.

Copy of the order forwarded to: 1. ITO Ward 12(1), Kolkata, P-7, Chowringhee Square Aayakra Bhawan, 7th Floor Kolkata – 700 069 2. M/s. Surovi Mansion Jewellers Pvt. Ltd. 195/3B, Rash Behari Avenue, Ballygunge, Kolkata – 700 019 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

I.T.O WD - 12(1), KOLKATA, KOLKATA vs. M/S. SUROVI MANSION JEWELLERS PVT LTD, KOLKATA

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