A.C.I.T.CIRCLE - HALDIA., PURBA MEDINIPUR vs. JAYA MALLICK, PURBA MEDINIPUR

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ITA 1796/KOL/2012Status: DisposedITAT Kolkata06 January 2016AY 2006-072 pages
AI SummaryDismissed

What did the Tribunal hold?

The ITAT, following CBDT Circular No. 21/2015, treated the Revenue's appeal as withdrawn or not pressed. The tribunal dismissed the appeal based on the low tax effect.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) for the assessment year 2006-07. 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 specified by the CBDT for filing appeals.

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 : January 06, 2016 Date of pronouncing the order : January 06, 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)-XXXIII, Kolkata dated 21.09.2012 for the assessment year 2006-07.

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 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, ./2012 Assessment year: 2006-2007 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 The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed.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which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.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 January 06, 2016. Sd/- Sd/-

(S.S. Viswanethra Ravi) (P.M. Jagtap) Judicial Member Accountant Member

Kolkata, the 6th day of January, 2016 Copies to : (1) Assistant Commissioner of Income Tax,. Circle-Haldia, Basudevpur, Khanjanchak, Haldia, Purba Medinipur-721 602

(2) Jaya Mallick, Bhawanipur, Milan, Haldia, Purba Medinipur-721 657

(3)Commissioner of Income-tax (Appeals), Central-XXXIII, Kolkata

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