ITO, WD-1(2), KOLKATA, SILIGURI vs. BRAHMIN SEVA SANGH, SILIGURI

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ITA 1131/KOL/2014Status: DisposedITAT Kolkata12 May 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 noted that the tax effect was below the revised monetary limit for appeals, as per CBDT Circular No. 21/2015. Therefore, the appeal was treated as withdrawn and dismissed.

What were the facts?

The Revenue appealed the CIT(A)'s deletion of a disallowance made on account of the assessee's claim for exemption under sections 11/12. The tax effect involved in the appeal was below the revised monetary limit set by the CBDT.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 11,Section 12

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘C(SMC

Before: Shri P.M. Jagtap

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Jalpaiguri dated 27.03.2014, whereby he deleted the disallowance of Rs.6,11,600/- made by the Assessing Officer on account of assessee’s claim for exemption under section 11/12 of the Act.

2.

At the time of hearing fixed today, i.e. on 12.05.2017, the Authorized Representative of the assessee has filed an application seeking adjournment. It is, however, noted that the tax effect involved in this appeal of the Revenue is less than the revised 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 grounds raised by the Revenue ./2014 Assessment year: 2010-2011 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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 May 12, 2017.

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