DCIT, CIR-5, KOLKATA, KOLKATA vs. M/S EIC HOLDINGS LTD., KOLKATA

PDF · subscribers
ITA 498/KOL/2014Status: DisposedITAT Kolkata03 February 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 noted that the tax effect was below the revised monetary limit of Rs. 10,00,000/- as per CBDT Circular No. 21/2015. Following the CBDT instructions, the appeal was treated as withdrawn/not pressed.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 2010-11. The tax effect involved in the appeal was below the revised monetary limit fixed by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal should be dismissed as the tax effect is below the prescribed monetary limit for filing appeals before the Tribunal as per CBDT circulars.

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Per Shri P.M. Jagtap, A.M..: This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-VI, Kolkata dated 27.12.2013 for the assessment year 2010-11.

1.

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 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 ./2014 Assessment year: 2010-2011 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.

3.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on February 03, 2017.

Recent GST High Court judgments

Search GST case law →