D.C.I,T.CC - V I/ KOL., KOLKATA vs. M/S GAYSON & CO (P) LTD., KOLKATA
What did the Tribunal hold?
The Tribunal noted that the tax effect was below the revised monetary limit of Rs. 10,00,000/- for filing appeals, as per CBDT Circular No. 21/2015. Following the CBDT's instructions, the appeal was treated as withdrawn and dismissed.
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 S.S. Viswanethra Ravi, J.M. This appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals), Central-1, Kolkata dated 21.09.2012 for the assessment year 2009-10.
2 None appeared on behalf of the assssee at the time of hearing before us. We find from the record that 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 ./2012 Assessment year: 2009-2010 Page 2 of 2 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) 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.
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