ITO, WD-36(4), KOLKATA, KOLKATA vs. BANK OF INDIA EMPLOYEE CO-OP CREDIT SOCIETY LTD., KOLKATA

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ITA 890/KOL/2015Status: DisposedITAT Kolkata10 August 2016AY 2011-20122 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 of the appeal was below the revised monetary limit set by the CBDT for filing appeals. Following CBDT Circular No. 21/2015, the Tribunal treated the appeal as withdrawn/not pressed.

What were the facts?

The Revenue preferred an appeal against the CIT(A)'s order concerning the assessment year 2011-12. The appeal raised grounds related to the apportionment of expenses and deduction under Section 80P.

What were the issues?

Whether the appeal filed by the Revenue meets the minimum tax effect threshold for appeals before the Tribunal as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A(SMC

Before: Shri P.M. Jagtap

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-10, Kolkata dated 30.03.2015 for the assessment year 2011-12 on the following grounds:- 1. " That on the facts and the circumstances of the case, the Ld. CIT(A), erred in apportioning the expense related to business income (which is exempt u/s 80P) from the taxable income ‘income from other source’.

2. That on the facts and the circumstances of the case and in law, the ld. CIT(A) erred in allowing deduction of section 80P on the enhanced assessed business income which was not claimed as deduction by the assessee in his return of income.

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 ./2015 Assessment year: 2011-2012 Page 2 of 2 monetary limit recently 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) 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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