D.C.I.T CIR - 8,KOLKATA., KOLKATA vs. M/S TATA STEEL PROCESSING AD DISTRIBUTION LIMITED(EAROER KNOWN AS TATA RYERSON LTD), KOLKATA

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ITA 627/KOL/2013Status: DisposedITAT Kolkata22 February 2017AY 2009-103 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 appeal was hit by CBDT circular no. 21/2015, which mandates withdrawal or non-pressing of appeals with a tax effect below Rs. 10,00,000/-. Therefore, the appeal was not to be pursued further.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for Assessment Year 2009-10. The tax effect of the appeal was less than Rs. 10,00,000/-.

What were the issues?

Whether the Revenue's appeal should be dismissed due to the low tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Kolkata Bench, KOLKATA

Before: SRI ABY T.VARKEY & DR. A. L. SAINI

Hearing: 17.01.2017Pronounced: 22.02.2017

ORDER Per Aby T.Varkey, JM

This is an appeal by the Revenue against the order dated 12.12.2012 of CIT(A)-VIII relating to A.Y.2009-10.

2.

At the outset we take note that the tax effect of the instant appeal preferred by the Revenue is less than Rs. 10,00,000/- , so as per the CBDT circular no. 21/2015 dt. 10.12.2015 the appeal shall be withdrawn or not pressed. We take note that the instant appeal preferred by the Revenue is hit by the aforesaid circular of the CBDT and, therefore, on this account the appeal need not be pursued further.

3.

In case if the Department is of the opinion that the tax-effect is more than Rs.10,00,000/-, it is at liberty to file a Miscellaneous Application for recalling the order in accordance to law.

M/s. Tata Steel Processing & Distribution Ltd. A.Yr. 2009-10.

4.

In the result, the appeal of the Revenue stands dismissed.

Order pronounced in the open Court on 22.02.2017 Sd/- Sd/- [Dr. A.L.Saini] [A.T.Varkey] Accountant Member Judicial Member Dated : 22.02.2017 {SC SPS} Copy of the order forwarded to: 1. Appellant/Assessee - 2. Respondent : 3. CIT(A)- 4. CIT 4. CIT(DR), Kolkata Benches, Kolkata. True Copy By order

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