ITO, WD-48(1), KOLKATA, KOLKATA vs. SRI RABIN NASKAR, HOWRAH
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CBDT circular increasing the monetary limit for appeals is applicable retrospectively. Therefore, the appeal filed by the Revenue was treated as withdrawn and dismissed.
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 below the monetary limit specified by the CBDT for filing appeals.
What were the issues?
Whether the CBDT circular regarding the monetary limit for filing appeals is applicable retrospectively to pending appeals.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘B(SMC
Before: Shri P.M. Jagtap
Date of concluding the hearing : August 09, 2017 Date of pronouncing the order : August 09, 2017
O R D E R Per Shri P.M. Jagtap, A.M..: This appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-14, Kolkata dated 05.02.2015.
As pointed out by the ld. counsel for the assessee at the time of hearing fixed today, 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 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 ./2015 Assessment year: 2006-2007 Page 2 of 2 that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on August 09, 2017.
Sd/- (P.M. Jagtap) Accountant Member Kolkata, the 9th day of August, 2017 Copies to : (1) Income Tax Officer, Ward-48(1), Kolkata, 3, Government Place (West), Kolkata-700 001
(2) Sri Rabin Naskar, Prop. of M/s. Joy Ma Tara Iron Stores, Thana Makua, Nazirgung, Satyen Bose Road, P.O. D.S. Lane, Howrah-711 109
Recent GST High Court judgments
Search GST case law →- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026
- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026