A.C.I.T.,Circle-47, Kolkata v. Sunita Jalan, Howrah

ITA 45/KOL/2020 | 2015-2016
Pronouncement Date: 04-05-2021 | Result: Dismissed

Appeal Details

RSA Number 4523514 RSA 2020
Assessee PAN ACRPJ7136P
Bench Kolkata
Appeal Number ITA 45/KOL/2020
Duration Of Justice 1 year(s) 3 month(s) 24 day(s)
Appellant A.C.I.T.,Circle-47, Kolkata
Respondent Sunita Jalan, Howrah
Appeal Type Income Tax Appeal
Pronouncement Date 04-05-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 04-05-2021
Date Of Final Hearing 04-05-2021
Next Hearing Date 04-05-2021
Last Hearing Date 19-02-2020
First Hearing Date 25-03-2021
Assessment Year 2015-2016
Appeal Filed On 10-01-2020
Judgment Text
ITA NO. 45/KOL/2020 ASS ESSMENT YEAR: 2015-2016 SUNI TA JALAN 1 IN THE INCOME TAX APPELLATE TRIBUNAL B(SMC) BENCH KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP VICE-PRESIDENT I.T.A. NO. 45/KOL/2020 ASSESSMENT YEAR: 2015-2016 ASSISTANT COMMISSIONER OF INCOME TAX .............. ....................... APPELLANT CIRCLE-47 KOLKATA 3 GOVERNMENT PLACE (WEST) KOLKATA-700001 -VS.- SUNITA JALAN ...................................... .......................................... RESPONDE NT 5 TH FLOOR HOWRAH AC MARKET 47 DOBSON ROAD HOWRAH-711101 [PAN: ACRPJ7136P] APPEARANCES BY: SHRI JAYANTA KHANRA JCIT SR. D.R. APPEARED ON BE HALF OF THE REVENUE N O N E APPEARED ON BEHALF OF THE ASSESSEE DATE OF CONCLUDING THE HEARING : MAY 04 2021 DATE OF PRONOUNCING THE ORDER : MAY 04 2021 O R D E R THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-14 KOLKATA DA TED 26.02.2019 AND THE SOLITARY ISSUE INVOLVED THEREIN RELATES TO THE DELETION BY THE LD. CIT(APPEALS) OF THE ADDITION OF RS.13 54 500/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF BOGUS LTCG CLAIM ON PENNY STO CK . 2. AT THE TIME OF HEARING FIXING IN THIS CASE TODAY NONE HAS APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET IT IS NOT ICED FROM THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL THAT THE TAX E FFECT INVOLVED IN THIS APPEAL 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 BEFOR E THE TRIBUNAL. THE LD. ITA NO. 45/KOL/2020 ASS ESSMENT YEAR: 2015-2016 SUNI TA JALAN 2 D.R. HAS NOT RAISED ANY OBJECTION IN THIS REGARD. I N THE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019 ISSUED BY THE C.B.D.T. THE MONETARY LIMIT FOR FILING THE APPEAL BY REVENUE BEFORE THE TRIBUNA L IS REVISED TO RS.50 00 000/-. AS FURTHER CLARIFIED IN THE SAID CI RCULAR THE MONETARY LIMIT SO REVISED IS APPLICABLE EVEN TO THE PENDING APPEALS AND THE SAME ARE DIRECTED TO BE WITHDRAWN OR NOT PRESSED. I ACCO RDINGLY TREAT THIS APPEAL AS WITHDRAWN /NOT PRESSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.17/2019 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 MAY 04 2021. SD/- (P.M. JAGTAP) VICE-PRESIDE NT KOLKATA THE 4 TH DAY OF MAY 2021 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-47 KOLKATA 3 GOVERNMENT PLACE (WEST) KOLKATA-700001 (2) SUNITA JALAN 5 TH FLOOR HOWRAH AC MARKET 47 DOBSON ROAD HOWRAH-711101 (3) COMMISSIONER OF INCOME TAX (APPEALS)-14 KOLKA TA; (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.