ITO, WD-30(3), KOLKATA, Kolkata v. Neera Bajoria, Kolkata

ITA 71/KOL/2016 | 2007-2008
Pronouncement Date: 14-11-2017 | Result: Dismissed

Appeal Details

RSA Number 7123514 RSA 2016
Assessee PAN AECPB7224B
Bench Kolkata
Appeal Number ITA 71/KOL/2016
Duration Of Justice 1 year(s) 9 month(s) 30 day(s)
Appellant ITO, WD-30(3), KOLKATA, Kolkata
Respondent Neera Bajoria, Kolkata
Appeal Type Income Tax Appeal
Pronouncement Date 14-11-2017
Appeal Filed By Department
Tags No record found
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 14-11-2017
Last Hearing Date 26-09-2017
First Hearing Date 26-09-2017
Assessment Year 2007-2008
Appeal Filed On 15-01-2016
Judgment Text
1 ITA NO.71/KOL/2016 NEERA BAJORIA AY 2007-08 D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA () BEFORE . /AND . . ) [BEFORE SHRI J. SUDHAKAR REDDY AM & SHRI A. T. VA RKEY JM] I.T.A. NO. 71/KOL/2016 ASSESSMENT YEAR: 2007-08 INCOME-TAX OFFICER WD-30(3) KOLKATA VS. NEERA BAJ ORIA (PAN:AECPB7224B) APPELLANT RESPONDENT DATE OF HEARING 26.09.2017 DATE OF PRONOUNCEMENT 14.11.2017 FOR THE APPELLANT SHRI ARINDAM BHATTACHARJEE ADDL. CIT FOR THE RESPONDENT SHRI SUJOY SEN ADVOCATE ORDER PER SHRI A.T.VARKEY JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A)-8 KOLKATA DATED 04.11.2015 FOR AY 2007-08. 2. AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE SUBM ITTED THAT THE TOTAL AMOUNT INVOLVED IN THIS APPEAL OF REVENUE IS RS.19 00 000/- ON WHIC H THE TAX EFFECT INVOLVED IS RS.5 70 000/- WHICH IS LESS THAN RS. TEN LAKHS. HENCE DEPARTMEN TAL APPEAL SHOULD NOT BE ALLOWED TO BE PROCEEDED WITH. WE FIND THAT THE APPEAL OF THE REV ENUE FALLS IN THE KEN OF THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 WHEREIN THE CBDT HAS DIRECTED THE DEPARTMENT TO WITHDRAW/NOT PRESS THE APPEAL IF THE TAX EFFECT IS LESS THAN RS. 10 LACS BEFORE THE ITAT. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2 015 AND THE MATERIALS AVAILABLE ON RECORD WE FIND THAT THE REVENUES CASE DOES NOT FA LL UNDER ANY OF THE EXCEPTION CLAUSE AS PROVIDED IN THE CIRCULAR AS THIS IS COVERED. WE A LSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUT HORITIES. THIS POSITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF C USTOMS VS INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE WE HOLD THAT THE APPEAL OF THE 2 ITA NO.71/KOL/2016 NEERA BAJORIA AY 2007-08 REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TA X EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY THIS BEING A LOW TAX EFFE CT CASE WE DISMISS THIS APPEAL OF REVENUE IN LIMINE AS UNADMITTED WITHOUT GOING INTO THE ME RITS OF THE CASE. IN CASE THE REVENUE LATER FINDS THAT THE TAX EFFECT IS MORE THAN RS. 10 LAKHS THEN IT IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION TO RECALL THIS ORDER. WITH THIS CAVEAT WE ARE INCLINED TO DISMISS THIS APPEAL OF THE REVENUE ON THE GROUND THAT IT IS BELOW THE TAX EFFECT OF LESS THAN RS.10 LAKH. 3. IN THE RESULT THE APPEAL OF REVENUE IS DISMISS ED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 14 TH NOVEMBER 2017 SD/- SD/- (J. SUDHAKAR REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBE R DATED :14TH NOVEMBER 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT ITO WD-30(3) KOLKATA. 2 RESPONDENT SMT. NEERA BAJORIA 6/1/3 QUEENS PAR K KOLKATA-700 019. 3 . THE CIT(A) KOLKATA 4. 5. CIT KOLKATA DR KOLKATA BENCHES KOLKATA / TRUE COPY BY ORDER SR. PVT. SECRETARY