ITO, WARD-31(2). KOLKATA, KOLKATA vs. SRI JAY NARAYAN SHAW, KOLKATA

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ITA 1820/KOL/2017Status: DisposedITAT Kolkata09 March 2018AY 2008-092 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 in view of CBDT Circular No. 21/2015, which sets monetary limits for filing appeals.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A). The tax effect in the appeal was admittedly below Rs. 10 Lakhs.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect. Applicability of CBDT Circular No. 21/2015.

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]

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘SMC’ BENCH, KOLKATA [Before Sri J. Sudhakar Reddy, Accountant Member] Assessment Year: 2008-09 Income Tax Officer, Ward-31(2), Kolkata………………………….…….……...Appellant 10B, Middleton Row 4th Floor Kolkata – 700 071 Sri Jay Narayan Shaw….……………..……………………...……………………..…Respondent 6, Girish Chandra Bose Road Kolkata – 700 014 [PAN : ATWPS 3862 K] Appearances by: Shri A.K. Tibrewal, FCA, appeared on behalf of the assessee. Shri Robin Chudhury, Addl. CIT, DR appearing on behalf of the Revenue. Date of concluding the hearing : February 8th, 2018 Date of pronouncing the order : March 9th, 2018 O R D E R Per J. Sudhakar Reddy :-

This appeal filed by the revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals)-9, Kolkata, (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 30/06/2017.

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 9th day of March, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 09.03.2018 {SC SPS}

Assessment Year: 2008-09 Sri Jay Narayan Shaw Copy of the order forwarded to: 1. Sri Jay Narayan Shaw 6, Girish Chandra Bose Road Kolkata – 700 014 2. Income Tax Officer, Ward-31(2), Kolkata 10B, Middleton Row 4th Floor Kolkata – 700 071 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

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