DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. SUMOSON EXPORTS PVT. LTD., KOLKATA

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ITA 211/KOL/2012Status: DisposedITAT Kolkata03 March 2016AY 2004-052 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The Tribunal, following CBDT Circular No. 21/2015, treated the Revenue's appeals as withdrawn or not pressed. The circular mandated that appeals below the specified tax limit should be withdrawn or not pressed.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2004-05 and 2005-06. The tax effect involved in both appeals was below the revised monetary limit set by the CBDT.

What were the issues?

Whether the appeals filed by the Revenue should be dismissed based on the revised monetary limits prescribed by the CBDT for filing appeals before the Tribunal.

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Date of concluding the hearing : March 03, 2016 Date of pronouncing the order : March 03, 2016

O R D E R Per Shri P.M. Jagtap :- These appeals are preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-XII, Kolkata, both dated 03.11.2011 for the assessment years 2004-05 & 2005-06.

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 both these appeals 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 has been increased to Rs.10,00,000/- and as clarified in the said & 212/KOL./2012 Assessment year: 2004-2005 & 2005-2006 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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.

3.

In the result, both the appeals of the Revenue are dismissed. Order pronounced in the open Court on March 03, 2016.

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