DCIT, CIR-9(1), KOLKATA, KOLKATA vs. M/S LUMBINI BEVERAGES PVT. LTD., KOLKATA

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ITA 300/KOL/2016Status: DisposedITAT Kolkata13 December 2017AY 2006-072 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 noted that the tax effect was below the CBDT's monetary limit for appeals. Following CBDT Circular No. 21/2015, the Tribunal treated the appeal as withdrawn and dismissed it.

What were the facts?

The Revenue appealed the CIT(Appeals)'s order allowing the assessee's claim for carry forward of depreciation. The tax effect involved in the appeal was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the tax effect being below the CBDT's prescribed monetary limit for appeals.

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Per Shri P.M. Jagtap, Accountant Member :

1.

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-18, Kolkata dated 02.12.2015 and in the solitary ground raised therein, the Revenue has challenged the action of the ld. CIT(Appeals) in allowing the claim of the assessee for carry forward of depreciation for assessment year 1998-99 to the extent of Rs.15,52,507/-.

2.

At the time of hearing fixed in this case today, i.e. on 13.12.2017, the ld. counsel for the assessee, at the outset, has pointed out that the tax effect involved in this appeal of the Revenue is less than the monetary limit fixed by the CBDT vide Circular No. 21/2015 dated 10th December, 2015 at Rs.10,00,000/- for filing the appeal by the Revenue before the Assessment Year: 2006-2007 Tribunal and this position clearly evident from the ground raised by the Revenue in this appeal is not disputed even by the ld. D.R. In Circular No. 21/2015 (supra) issued by the CBDT, the monetary limit for filing the appeals by the Revenue before the Tribunal has been increased to Rs.10,00,000/- and as clarified in the said Circular, the said monetary limit is applicable retrospectively even to the appeals pending before the Tribunal. The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed. Keeping in view the instruction given by the CBDT vide Circular No. 21/2015 dated 10.12.2015, which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.

3.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 13th day of December, 2017.

Sd/- Sd/- (S.S. Viswanethra Ravi) (P.M. Jagtap) Judicial Member Accountant Member Kolkata, the 13th day of December, 2017 Copies to : (1) Deputy Commissioner of Income Tax, Circle-9(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700 069 2) M/s. Lumbini Beverages Pvt. Limited, 41, Chowringhee Square, Kolkata-700 071 (3) CIT(Appeals)-18, Kolkata, (4) CIT- , Kolkata, (5) The Departmental Representative (6) Guard File TRUE COPY

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