DCIT, CIRCLE-2(1), KOLKATA, KOLKATA vs. M/S. AMRI HOSPITAL LTD., KOLKATA

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ITA 121/KOL/2015Status: DisposedITAT Kolkata04 October 2017AY 2010-20112 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 of the Revenue should be dismissed in limine as per CBDT Circular No. 21/2015 due to low tax effect. The circular applies retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was Rs. 7,11,020/-, which was less than Rs. Ten Lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per CBDT circulars, even if it means not deciding the merits of the case.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “D” BENCH: KOLKATA

Hearing: 06.09.2017Pronounced: 04.10.2017

ORDER

Per Shri A.T.Varkey, JM

1.

This is an appeal filed by the revenue against the order of Ld. CIT(A)-1, Kolkata dated 08.10.2014 for AY 2010-11.

2.

At the outset, Ld. Counsel for the assessee submitted that the tax effect involved in this appeal of revenue is more or less Rs.7,11,020/- which is less than Rs. Ten lakhs. Hence, departmental appeal should not be allowed to be proceeded with. We find that the appeal of the revenue falls in the ken of the CBDT Circular no. 21/2015 dated 10.12.2015, wherein the CBDT has directed the department to withdraw/not press the appeal if the tax effect is less than Rs. 10 lacs before the ITAT. On perusal of the Circular No. 21 / 2015 dated 10.12.2015 and the materials available on record, we find that the revenue’s case does not fall under any of the exception clause as provided in the circular, as this is covered. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. This position has been confirmed by the Hon’ble Apex Court in the case of Commissioner of Customs vs Indian Oil Corporation Ltd reported in 267 ITR 272 (SC).

Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No.21 / 2015 dated 10.12.2015. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as unadmitted, without going into the merits of the case. In case the revenue later finds that the tax effect is more than Rs. 10 lakhs then it is at liberty to move appropriate application to recall this order. With this Caveat, we are inclined to dismiss this appeal of the revenue on the ground that it is below the tax effect of less than Rs.10 lakh.

3.

In the result, appeal of revenue is dismissed.

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