D.C.I.T CIR - 1,KOLKATA., KOLKATA vs. M/S JEKAY INTERNATIONAL TRACK PVT LTD., KOLKATA

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ITA 146/KOL/2013Status: DisposedITAT Kolkata09 December 2015AY 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 noted that the tax effect was below the CBDT's monetary limit for filing appeals. Consequently, the appeal was not maintainable.

What were the facts?

The Revenue appealed the deletion of an addition of Rs. 9,75,000 made under Section 40(a)(ia) for non-deduction of TDS on discount allowed to buyers. The tax effect was below the CBDT's monetary limit for appeals.

What were the issues?

Whether the Revenue's appeal is maintainable given the tax effect is below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

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

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

Per Shri P.M. Jagtap:- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-I, Kolkata dated 15.10.2012 for the assessment year 2009-10 on the following ground:- “That the ld. CIT(A)-I, Kolkata has erred and not justified in deleting the entire addition of Rs.9,75,000/- made u/s 40(a)(ia) for non-deduction of TDS on account of discount allowed to the buyers”.

1.

2. At the time of hearing before us, nobody has appeared either on behalf of the assessee or on behalf of the Revenue. It is, however, noted from the solitary ground raised by the Revenue in this appeal that the tax effect involved in this appeal of the Revenue is less than the monetary limit of Rs.3,00,000/- fixed by the CBDT for filing of the appeal before ./2013 Assessment year: 2009-2010 Page 2 of 2 ITAT. This appeal of the Revenue thus is not maintainable and is liable to be dismissed on this ground also.

3.

In the result, the appeal of the Revenue is dismissed.

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