ITO, WARD - 7(1), KOLKATA, KOLKATA vs. M/S. HIND SPECTRON MANUFACTURERS PVT. LTD., KOLKATA

PDF · subscribers
ITA 209/KOL/2016Status: DisposedITAT Kolkata26 April 2016AY 2003-20042 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the CBDT's circular increasing the monetary limit for appeals is applicable retrospectively. Following the CBDT's instruction to withdraw or not press appeals below the specified limit, the Tribunal treated the appeal as withdrawn.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2003-04. The tax effect involved in the appeal was below the revised monetary limit set by the CBDT for filing appeals.

What were the issues?

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.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap

This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-16, Kolkata dated 10.12.2015 for the assessment year 2003-04.

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 appeal by the Revenue before the Tribunal has been increased to Rs.10,00,000/- and as clarified in the said Circular, ./2016 Assessment year: 2003-2004 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.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 April 26, 2016.

Recent GST High Court judgments

Search GST case law →