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Income Tax Appellate Tribunal, KOLKATA ‘B(SMC
Before: Shri P.M. Jagtap
These two appeals filed by the Revenue are directed against two separate orders passed by the ld. Commissioner of Income Tax (Appeals)- 5, Kolkata, both dated 30.10.2015 for the assessment years 2008-09 and 2009-10 and the same are being disposed of along with Cross Objections filed by the assessee being C.O. Nos. 08 & 09/KOL/2016.
As pointed out by the ld. Counsel for the assessee, at the outset, the tax effect involved in these appeals of the Revenue is less than the revised 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 these 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 appeals 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeals filed by the Revenue in this case are treated as withdrawn/not pressed and dismissed accordingly.
As agreed by the ld. Representative of the assessee, the Cross Objections filed by the assessee have become infructuous as a result of dismissal of the corresponding appeals of the Revenue. Accordingly, these Cross Objections filed by the assessee are also dismissed.
I.T.A. Nos. 1529 & 1530/KOL./2015 Assessment year: 2008-2009 & 2009-2010 & C.O. Nos. 08 & 09/KOL/2016 (in & 1530/KOL/2015) Assessment Years 2008-2009 & 2009-2010 Page 3 of 3