ACIT, CIR-31, KOLKATA, KOLKATA vs. UTSAV N PAREKH, KOLKATA

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ITA 840/KOL/2014Status: DisposedITAT Kolkata28 February 2017AY 2009-20102 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 filing appeals by the Revenue. Following CBDT Circular No. 21/2015, the appeal was treated as withdrawn/not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2009-10. 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 revised monetary limit prescribed by the CBDT for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA

Before: Shri J. Sudhakar Reddy & Shri S.S.Viswanethra Ravi

Per Shri J. Sudhakar Reddy, A.M. This appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-XIX, Kolkata dated 13.02.2014 for the assessment year 2009-10.

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 recently 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 ./2014 Assessment year: 2009-2010 Page 2 of 2 grounds raised by the Revenue in this appeal is not disputed even by the ld. D.R. In Circular No. 21/2015 (supra) recently issued by the CBDT, the monetary limit for filing the appeal 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.

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