ITO, Ward-1(1), Burdwan, Burdwan v. Burdwan Development Authority, Burdwan

ITA NO. 2129/KOL/2014 ASS ESSMENT YEAR: 2007-2008 BUR DWAN DEVELOPMENT AUTHORITY 1 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH KOLKATA BEFORE SHRI P.M. JAGTAP VICE-PRESIDENT & SHRI A.T. VARKEY JUDICIAL MEMBER I.T.A. NO. 2129/KOL/2014 ASSESSMENT YEAR: 2007-2008 INCOME TAX OFFICER ................................ ............................... APPELLANT WARD-1(1) BURDWAN AAYAKAR BHAWAN BURDWAN-713101 -VS.- BURDWAN DEVELOPMENT AUTHORITY ..................... ................ RESPONDENT 5 TH FLOOR NEW ADMINISTRATIVE BUILDING COURT COMPOUND BURDWAN-713101 [PAN: AAALB0691A] APPEARANCES BY: SHRI SUPRIYO PAUL ADDL. CIT APPEARED ON BEHALF OF THE REVENUE SHRI SOUMITRA CHOUDHURY ADVOCATE APPEARED ON BEHA LF OF THE ASSESSEE DATE OF CONCLUDING THE HEARING : MARCH 15 2021 DATE OF PRONOUNCING THE ORDER : MARCH 15 2021 O R D E R PER SHRI P.M. JAGTAP VICE-PRESIDENT:- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) ASANSOL DATED 18.09.2014 AND THE SOLITARY ISSUE INVOLVED THEREIN RELATES TO THE DELE TIONS BY THE LD. CIT(APPEALS) OF THE ADDITIONS OF RS.87 09 570/- AND RS.33 00 000/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF SALE OF DEVE LOPMENT RIGHTS . 2. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE HAS POINTED OUT THAT THE TAX EFFECT INVOLVED IN THIS APPEAL OF THE REVEN UE IS LESS THAN THE MONETARY LIMIT OF RS.50 00 000/- FIXED BY THE C.B.D .T. FOR FILING THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AND THIS POSITIO N IS NOT DISPUTED EVEN BY THE LD. D.R. IN THE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019 ISSUED ITA NO. 2129/KOL/2014 ASS ESSMENT YEAR: 2007-2008 BUR DWAN DEVELOPMENT AUTHORITY 2 BY THE C.B.D.T. THE MONETARY LIMIT FOR FILING THE APPEAL BY REVENUE BEFORE THE TRIBUNAL IS REVISED TO RS.50 00 000/-. AS FURTH ER CLARIFIED IN THE SAID CIRCULAR THE MONETARY LIMIT SO REVISED IS APPLICAB LE EVEN TO THE PENDING APPEALS AND THE SAME ARE DIRECTED TO BE WITHDRAWN O R NOT PRESSED. WE ACCORDINGLY TREAT THIS APPEAL AS WITHDRAWN /NOT PRE SSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.17/2 019 DATED 8 TH AUGUST 2019 AND DISMISS THE SAME. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON MARCH 15 202 1. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESI DENT KOLKATA THE 15 TH DAY OF MARCH 2021 COPIES TO : (1) INCOME TAX OFFICER WARD-1(1) BURDWAN AAYAKAR BHAWAN BURDWAN-713101 (2) BURDWAN DEVELOPMENT AUTHORITY 5 TH FLOOR NEW ADMINISTRATIVE BUILDING COURT COMPOUND BURDWAN-713101 (3) COMMISSIONER OF INCOME TAX (APPEALS) ASANSOL ; (4) COMMISSIONER OF INCOME TAX- (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES KOLKATA LAHA/SR. P.S.