What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was to be treated as withdrawn or not pressed in light of the CBDT circular increasing the monetary limit for appeals. Consequently, the assessee's cross-objection was rendered infructuous.

The Revenue filed an appeal before the ITAT for assessment year 2004-05. The assessee also filed a cross-objection. The tax effect in the Revenue's appeal was below the revised monetary limit set by the CBDT.

What were the issues?

Whether the Revenue's appeal should be dismissed as withdrawn/not pressed due to the tax effect being below the revised monetary limit prescribed by CBDT circulars.

ACIT vs The Sbi Staff Association Co-Opt… | ITAT Kolkata 2016

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

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

Heard together (2 matters)

C.O. No. 49/KOL/2011

I.T.A. No. 820/KOL/ 2011

Read from the judgment's own cause title. This page is filed under one of them.

Date of concluding the hearing : January 14, 2016 Date of pronouncing the order : January 14, 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)-XXXVI, Kolkata dated 14.03.2011 for the assessment year 2004-05 and the same is being disposed of along with Cross Objection filed by the assessee being C.O. No. 49/KOL/2011.

./2011 Assessment year: 2004-2005 & C.O. No. 49/KOL/2011 (arising out of Assessment Year : 2004-2005 Page 2 of 3

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 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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.

As agreed by the ld. Representative of the assessee, the Cross Objection filed by the assessee has become infructuous as a result of dismissal of the corresponding appeal of the Revenue. Accordingly, this Cross Objection filed by the assessee is also dismissed.

In the result, the appeal of the Revenue as well as the Cross Objection filed by the assessee both are dismissed. Order pronounced in the open Court on January 14, 2016. Sd/- Sd/- (S.S. Viswanethra Ravi) (P.M. Jagtap) Judicial Member Accountant Member Kolkata, the 14h day of January, 2016 Copies to : (1) Assistant Commissioner of Income Tax, ./2011 Assessment year: 2004-2005 & C.O. No. 49/KOL/2011 (arising out of Assessment Year : 2004-2005 Page 3 of 3

Circle-56, Kolkata, 3, Government Place (West), Kolkata-700 001

(2) The SBI Staff Association Cooperative Society Ltd., 11, Abdul Hamid Street, Kolkata-700 069

ACIT, CIRCLE - 56, KOLKATA, KOLKATA vs. THE SBI STAFF ASSOCIATION CO-OPT. SOCIETY LTD., KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments