ITO, WARD - 1(4), KOLKATA, KOLKATA vs. M/S. BLUE CHIP INDIA PVT. LTD., KOLKATA

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ITA 2518/KOL/2017Status: DisposedITAT Kolkata12 April 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 filed by the Revenue was not maintainable. This was based on CBDT Circular No. 21/2015, which specifies monetary limits for filing appeals.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for Assessment Year 2012-13. 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 prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

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

Before: Sri J. Sudhakar Reddy

Income Tax Officer, Kolkata…………………..……………………………………………….…..Appellant Ward No. 1(4), P-7, Chowringhee Square, Aayakar Bhawan, 7th Floor, Kolkata – 700 069 M/s. Blue Chip India Pvt. Ltd..………………………………………………………………....Respondent 10, Princep Street, 2nd Floor, Kolkata – 700 072. [PAN :AABCB 9381 K] Appearances by: Shri Piyush Mukherjee, Addl. CIT, appeared on behalf of the Revenue. Shri Miraj D Shah appearing on behalf of the Assesssee. Date of concluding the hearing : March 12, 2018 Date of pronouncing the order : April 12th , 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)-1, Kolkata, (hereinafter the ‘Ld. CIT(A)’), dt. 26/09/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the ‘Act’), relating to Assessment Year 2012-13. 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.

3.

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: 2012-13 M/s. Blue Chip India Pvt. Ltd.

Copy of the order forwarded to: 1. ITO Ward 1(4), Kolkata, P-7, Chowringhee Square Aayakra Bhawan, 7th Floor Kolkata – 700 069 2. M/s. Blue Chip India Pvt. Ltd. 10, Princep Street, 2nd Floor, Kolkata – 700 072 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

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