Assistant Commissioner of Income Tax, Circle- Shillong, Shillong v. M/s. Hardeodas Jagannath Pvt. Ltd, Shillong

ITA 20/GTY/2018 | 2009-2010
Pronouncement Date: 10-11-2021 | Result: Dismissed

Appeal Details

RSA Number 2022314 RSA 2018
Bench Guwahati
Appeal Number ITA 20/GTY/2018
Duration Of Justice 3 year(s) 9 month(s) 10 day(s)
Appellant Assistant Commissioner of Income Tax, Circle- Shillong, Shillong
Respondent M/s. Hardeodas Jagannath Pvt. Ltd, Shillong
Appeal Type Income Tax Appeal
Pronouncement Date 10-11-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Assessment Year 2009-2010
Appeal Filed On 31-01-2018
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL “GAUHATI” BENCH KOLKATA (E-COURT HEARING AT KOLKATA) BEFORE HON’BLE SHRI PARTHA SARATHY CHAUDHURY JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL AM आयकरअपील सं./ I. T. A. No. 2 0/ Ga u/2 018 (िनधारण वष / Assessment Year: 2009-10) AC I T-Circ le S hill o ng Aaykar Bhawan Shillong बनाम/ Vs. M/s Hardeodas Jaganath Pvt. Ltd. Bara Bazar Shillong-793002 थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAC H-7 3 4 7-C (अपीलाथ/Appellant) : (थ / Respondent) Assessee by : Shri Arun Dadhich-Ld. AR Revenue by : Shri N.T. Sherpa. Ld. JCIT-Sr.DR सुनवाई की तारीख/ Da te of He a ri ng : 11/11/2021 घोषणा की तारीख / Da te of P ro nou nc e me nt : 11/11/2021 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. During hearing of captioned appeal by revenue Ld. AR submitted that the appeal is not maintainable in terms of CBDT Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc.142/2007-TTJ(Pt.) since the tax effect in the appeal is below Rs.50 Lacs. The Ld. Sr. DR submitted that the case would fall under exception provided in Circular No.23 of 2019 dated 06/09/2019. This Circular mandates revenue to file the appeal in all cases of tax evasion through Long-Term capital Gain / Short-Term capital loss irrespective of tax effect. However it was noted that para-3 of this circular provide that the aforesaid exception would apply only in cases where Board by way of special order direct filing of 2 appeal on merits. Nothing could be shown to us by revenue that such an order was passed by the Board. 2. In view of the foregoing we find that the appeal is not maintainable in terms of low tax effect circular issued by CBDT vide Circular No. 17/2019 dated 08/08/2019 [F.No.279/Misc. 142/2007-TTJ(Pt.). This recent circular further enhances the monetary limit fixed in earlier Circular No.3 of 2018 dated 11/07/2018 issued by CBDT as amended on 20/08/2018. Hence the appeal stand dismissed with a liberty to revenue to seek recall of the appeal if at a later stage it is found that the matter is covered by any exceptions provided in any of the circular or in case the tax effect in any of the appeals exceeds the prescribed monetary limit. 3. Resultantly the appeal stands dismissed. Order pronounced on 11 th November 2021. Sd/- Sd/- (Partha Sarathi Chaudhury) (Manoj Kumar Aggarwal) ाियक सद / Judicial Member लेखा सद / Accountant Member Kolkata; िदनांक Dated: 11/11/2021 **Sr.PS PP आदेशकीितिलिपअेिषत/Copy of the Order forwarded to : 1. अपीलाथ/ The Appellant 2. थ/ The Respondent 3. आयकरआयु(अपील) / The CIT(A) 4. आयकरआयु/ CIT– concerned 5. िवभागीयितिनिध आयकरअपीलीयअिधकरण DR ITAT Guwahati 6. गाडफाईल / Guard File आदेशानुसार/ BY ORDER Senior P.S आयकरअपीलीयअिधकरण ITAT Kolkata.