D.C.I.T CIR - 49,KOLKATA, KOLKATA vs. SHRI GOURANGA MODAK, KOLKATA

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ITA 1299/KOL/2013Status: DisposedITAT Kolkata08 February 2016AY 2009-102 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The Tribunal, following CBDT Circular No. 21/2015, treated the Revenue's appeal as withdrawn/not pressed. The circular mandated that pending appeals below the specified tax limit of Rs. 10,00,000/- should be withdrawn or not pressed.

What were the facts?

The Revenue preferred an appeal before the Income Tax Appellate Tribunal (ITAT) for the assessment year 2009-2010. The tax effect involved in the appeal was below the revised monetary limit fixed by the CBDT.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed based on the revised monetary limit for filing appeals as per CBDT circular.

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 ‘B’ BENCH, KOLKATA

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

Date of concluding the hearing : February 08, 2016 Date of pronouncing the order : February 08, 2016

O R D E R Per Shri P.M. Jagtap :- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-XXXII, Kolkata dated 15.03.2013 for the assessment year 2009-10.

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 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 ./2013 Assessment year: 2009-2010 Page 2 of 2 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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 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 February 08, 2016.

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