ACIT, CIRCLE - 2, DURGAPUR, DURGAPUR vs. SANAT KUMAR SEN, DURGAPUR

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ITA 1623/KOL/2011Status: DisposedITAT Kolkata20 June 2016AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the CBDT Circular No. 21/2015, which increased the monetary limit for appeals to Rs. 10,00,000, is applicable retrospectively. Consequently, the appeal was treated as withdrawn/not pressed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for assessment year 2008-09. The tax effect involved in the appeal was below the revised monetary limit set by the CBDT.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to the tax effect being below the revised monetary limit prescribed by the CBDT for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

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

Before: Shri M. Balaganesh & Shri S.S. Viswanethra Ravi

Date of concluding the hearing : June 20, 2016 Date of pronouncing the order : June 20, 2016

O R D E R Per Shri S.S. Viswanethra Ravi :- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Durgapur dated 23.09.2011 for the assessment year 2008-09.

2.

Although none has appeared on behalf of the assessee-respondent at the time of hearing fixed today, the ld. D.R. has pointed out that tax effect involved in this appeal 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) recently issued by the CBDT, the monetary limit for filing the appeals by the Revenue before the Tribunal ./2011 Assessment year: 2008-2009 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.

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