ITO, WD-56(1), KOLKATA, KOLKATA vs. MONOJ KUMAR KANORIA, KOLKATA
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the CBDT's circular increasing the monetary limit for appeals to Rs. 10,00,000/- was applicable retrospectively. Therefore, the appeal filed by the Revenue was treated as withdrawn.
What were the facts?
The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was below the revised monetary limit set by the CBDT for filing appeals.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the tax effect and the retrospective applicability of CBDT's monetary limits for appeals.
Which sections of the Income-tax Act were involved?
Not Applicable
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Shri J. Sudhakar Reddy
This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-XXXVI, Kolkata dated 26.02.2014 for the assessment year 2009-10.
2 From the record, it is found that 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 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 ./2014 Assessment year: 2009-2010 Page 2 of 2 CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.
In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on February 08, 2017.
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