ITO, WD-7(1), KOLKATA, KOLKATA vs. M/S HIND SPECTRON MANUFACTURERS PVT. LTD., KOLKATA

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ITA 1207/KOL/2016Status: DisposedITAT Kolkata04 December 2017AY 2005-20062 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 Following CBDT Circular No. 21/2015, the Tribunal treated the appeal as withdrawn and dismissed it.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 filed an appeal against the deletion of an addition of Rs.3,44,817/- made by the Assessing Officer. The tax effect involved in the appeal was below the monetary limit prescribed 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 prescribed monetary limit for filing appeals before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 154

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)-16, Kolkata dated 23.02.2016 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the addition of Rs.3,44,817/- made by the Assessing Officer on account of disallowance of depreciation by way of rectification under section 154.

2.

At the time of hearing fixed in this case today, i.e. on 04.12.2017, 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 Tribunal and this position clearly evident from the ground raised

by the 2. Assessment Year: 2005-2006 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 4th day of December, 2017.

Sd/- Sd/- (S.S. Viswanethra Ravi) (P.M. Jagtap) Judicial Member Accountant Member Kolkata, the 4th day of December, 2017 Copies to : (1) Income Tax Officer, Ward-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700 069 2) Hind Spectron Manufacturers (P) Limited, 36, Maharshi Debendra Road, Kolkata-700 006 (3) CIT(Appeals)-16, Kolkata, (4) CIT- , Kolkata, (5) The Departmental Representative (6) Guard File TRUE COPY

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