DCIT, CC-XI, KOLKATA, KOLKATA vs. M/S HIMALAYA GRANITES PVT. LTD., KOLKATA

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ITA 1282/KOL/2014Status: DisposedITAT Kolkata30 November 2016AY 2005-20062 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 held that the appeal filed by the Revenue was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 21/2015. Therefore, the appeal was dismissed in limine.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) which arose from an order passed by the Assessing Officer. The assessment year in question was 2005-2006.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the prescribed monetary limit as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C”, BENCH KOLKATA

Before: SHRI N.V.VASUDEVAN, JM & DR. A.L.SAINI, AM

Hearing: 24/11/2016Pronounced: 30/11/2016

O R D E R

Per Dr. Arjun Lal Saini, AM:

1.

The captioned appeal filed by the revenue, pertaining to the assessment year 2005-2006, is directed against an order passed by ld. Commissioner of Income Tax (Appeals)-III, Kolkata in Appeal No.107/CC- II/CIT(A)C-III/2007-08/Kolkata, dated 07.04.2014, which in turn arises out of an order passed by the Assessing Officer (AO) Under Section.143(3) of the Income Tax Act 1961, (in short the ‘Act’), dated 31.12.2007.

2.

At the outset, we have noticed that the tax effect in the appeal of the revenue is below Rs.10 lakhs, therefore, the same is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015. We found that as per the recent Circular No.21/2015, dated 10th December, 2015, issued by the CBDT, the monetary limit has been revised for filing of appeal before ITAT by the revenue fixing the tax effect limit of Rs.10 lakhs. In the instant case, the tax effect is below Rs.10 lakhs, therefore 2 M/s Himalaya Granites Pvt. Ltd. the same is not maintainable and liable to be dismissed in limine. This Circular is retrospective and applicable to the pending appeals also.

3.

Considering the above CBDT Circular, we found that this appeal of the revenue is not maintainable as the tax effect in this appeal is below Rs.10 lakhs. Accordingly, we dismiss the appeal of the revenue.

4.

In the result, appeal filed by the revenue is dismissed. Order pronounced in the open court on this 30/11/2016. Sd/- Sd/- (N.V.VASUDEVAN) (DR. A.L.SAINI) �या�यक सद�य / JUDICIAL MEMBER लेखा सद�य / ACCOUNTANT MEMBER कोलकाता /Kolkata; �दनांक Dated 30/11/2016 �काश �म�ा/Prakash Mishra,�न.स/ PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant-DCIT,CC-XI, Kolkata 2. ��यथ� / The Respondent.-M/s Himalaya Granites Pvt. Ltd 3. आयकर आयु�त(अपील) / The CIT(A), Kolkata. 4. आयकर आयु�त / CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, कोलकाता / DR, ITAT, Kolkata 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//

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