ACIT, CC-2(1), KOLKATA, KOLKATA vs. M/S TECHNO ELECTRIC & ENGINEERING CO. LTD., KOLKATA

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ITA 1392/KOL/2015Status: DisposedITAT Kolkata04 October 2017AY 2011-20122 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 appeals of the revenue should be dismissed in limine as per CBDT Circular No. 21/2015 due to low tax effect, without going into the merits of the case.

What were the facts?

The revenue filed appeals against the orders of the CIT(A) for AYs 2011-12 and 2012-13. The assessee submitted that the tax effect in both appeals was less than Rs. Ten lakhs.

What were the issues?

Whether departmental appeals with a tax effect below the prescribed monetary limit in CBDT circulars should be dismissed without considering the merits.

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 Both these appeals filed by the revenue against the separate orders of Ld. CIT(A)-20, Kolkata dated 15.09.2015 for AYs 2011-12 and 2012-13.

2.

At the outset, Ld. Counsel for the assessee submitted that the tax effect involved in both these appeals of revenue is less than Rs. Ten lakhs. Hence, departmental appeals should not be allowed to be proceeded with. We find that the appeals of the revenue fall 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 appeals of the revenue deserve 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 both these appeals 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 both these appeals of the revenue on the ground that it is below the tax effect of less than Rs.10 lakh.

3.

In the result, both the appeals of revenue are dismissed.

Order is pronounced in the open court on 4th October, 2017.

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