D.C.I.T., CIRCLE-10, KOLKATA, KOLKATA vs. ERIABARIE FILMS & FOILS PVT. LTD., KOLKATA

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ITA 2822/KOL/2013Status: DisposedITAT Kolkata11 April 2017AY 2007-20082 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 was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 21/2015. The Circular is retrospective and applicable to pending appeals.

What were the facts?

The Revenue filed an appeal before the ITAT, which was found to be time-barred by 4 days. The Tribunal condoned the delay.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B”, BENCH KOLKATA

Before: SHRI N.V.VASUDEVAN, JM & DR. A.L.SAINI, AM

Hearing: 11/04/2017Pronounced: 11/04/2017

O R D E R

Per Dr. Arjun Lal Saini, AM:

1.

The captioned appeal filed by the revenue, pertaining to the assessment year 2007-2008, is directed against an order passed by ld. Commissioner of Income Tax (Appeals)-XII, Kolkata, dated 05.09.2013.

2.

We found that the appeal of the revenue is time barred by 4 days. Considering the application filed by the revenue explaining the reasons of 4 days delay in the filing the present appeal, we condone the delay and appeal is heard finally. 3. At the outset, we have noticed that the tax effect in the appeal of the revenue is below Rs.10 lakhs, therefore, the same is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015. We found that as per the recent Circular No.21/2015, dated 10th December, 2015, issued by the CBDT, the monetary limit has been revised for filing of appeal before ITAT by the revenue fixing the tax effect limit of Rs.10 lakhs. In the instant case, the tax effect is below Rs.10 lakhs, therefore the same is not maintainable and liable to be dismissed in limine. This Circular is retrospective and applicable to the pending appeals also. 4. Considering the above CBDT Circular, we found that this appeal of the revenue is not maintainable as the tax effect in this appeal is below Rs.10 lakhs. Accordingly, we dismiss the appeal of the revenue. 5. In the result, appeal filed by the revenue is dismissed. Order pronounced in the open court on this 11/04/2017. Sd/- Sd/- (N.V.VASUDEVAN) (DR. A.L.SAINI) �या�यक सद�य / JUDICIAL MEMBER लेखा सद�य / ACCOUNTANT MEMBER कोलकाता /Kolkata; �दनांक Dated 11/04/2017 �काश �म�ा/Prakash Mishra,�न.स/ PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant-DCIT, Circle-10, Kolkata 2. ��यथ� / The Respondent.-Eriabarie Films & Foils Pvt. Ltd. 3. आयकर आयु�त(अपील) / The CIT(A), Kolkata. 4. आयकर आयु�त / CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता / DR, ITAT, Kolkata 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//

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