DCIT, CC-XXX, KOLKATA, KOLKATA vs. M/S SHANTINATH TIE UP PVT. LTD., KOLKATA

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ITA 1831/KOL/2014Status: DisposedITAT Kolkata29 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 held that the appeal of the revenue deserved to be dismissed due to low tax effect, as per CBDT Circular No. 21/2015. The circular's revised monetary limits apply retrospectively to pending appeals.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order for AY 2010-11. The tax effect on the disputed addition was less than Rs. 10 lakhs.

What were the issues?

Whether the revenue's appeal should be dismissed in limine on the grounds of low tax effect as per CBDT Circular No. 21/2015.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Hearing: 29.03.2017Pronounced: 29.03.2017

आदेश/ORDER Per Shri A.T.Varkey, JM This is an appeal filed by the revenue against the order of Ld. CIT(A), Central-I, Kolkata dated 21.07.2014 for AY 2010-11.

2.

At the outset, it is seen that the tax effect on the disputed addition is less than Rs. 10 lacs. After perusing the materials available on record, we find that the additions disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 21 / 2015 dated 10.12.2015 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 21 / 2015 dated 10.12.2015 and the materials available on record, Ld. DR could not point out whether this case falls under any of the exception as provided in the circular despite specific opportunity was given, does not fall under any of the exceptions contemplated in the said 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 appeal of the revenue deserves 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 this appeal 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 this appeal on the ground that it is below the tax effect of less than Rs.10 lakh.

3.

In the result, the appeal of the revenue is dismissed. Order is Pronounced in the open Court at the time of hearing. Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) (डॉ. ए. एल. सैनी) (ऐ. ट�. वाक�) Accountant Member Judicial Member Dated : 29th March, 2017 Jd.(Sr.P.S.) Copy of the order forwarded to: Appellant – DCIT, C.C-XXX, Kolkata.

1.

Respondent – M/s. Shantinath Tie Up Pvt. Ltd., 27, Mullick Street, 2 Kolkata-7. The CIT(A), Kolkata 3.

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