ACIT, CIR-2, BURDWAN, BURDWAN vs. M/S SAMANAWAYA, BURDWAN

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ITA 583/KOL/2014Status: DisposedITAT Kolkata03 January 2017AY 2007-082 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 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 Following the CBDT's instructions, the appeal was treated as withdrawn and dismissed.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 appealed against an order of the CIT(A) which deleted a disallowance made under Section 40(a)(ia) concerning payments to Labour Sardars. 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 CBDT's prescribed monetary limit for appeals.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ 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), Durgapur dated 24.01.2014, whereby he deleted the disallowance of Rs.9,69,941/- made by the Assessing Officer under section 40(a)(ia) on account of payments made to Labour Sardars.

2.

Although none has appeared at the time of hearing before us either on behalf of the assessee or on behalf of the Revenue, it is observed 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 In Circular No. 21/2015 (supra) issued by the CBDT, the monetary limit for filing the appeals by the Revenue before ./2014 Assessment year: 2007-2008 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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.

3.

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

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