ITO, WARD-32(3), KOLKATA,KOLKATA vs. SHRI JAYANTILAL THAKORLAL MEHTA, KOLKATA

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ITA 1535/KOL/2014Status: DisposedITAT Kolkata30 March 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 CBDT's revised monetary limit for appeals. Following CBDT Circular No. 21/2015, the appeal was treated as withdrawn and dismissed.

What were the facts?

The Revenue appealed the CIT(A)'s order allowing the assessee to set off carried forward losses. The tax effect of the appeal was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B(SMC

Before: Shri P.M. Jagtap

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-XIX, Kolkata dated 29.04.2014 for the assessment year 2010-11, whereby he allowed the claim of the assessee for set off of the carried forward losses of Rs.15,61,762/- for the assessment year 2008-09 against the income for the year under consideration.

2 As pointed out by the ld. counsel for the assessee at the outset, 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 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 appeal by the Revenue before the Tribunal has been ./2014 Assessment year: 2010-2011 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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 March 30, 2017.

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