ACIT, Circle-28, Kolkata v. Suchismita Majumder
[Citation -2016-LL-0923-185]

Citation 2016-LL-0923-185
Appellant Name ACIT, Circle-28, Kolkata
Respondent Name Suchismita Majumder
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 23/09/2016
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags recalling order • audit objection • monetary limit • tax effect
Bot Summary: Application is that the Tribunal erred in dismissing the appeal by observing that the tax effect in this appeal of Revenue is below the prescribed monetary limit as required in instruction No. 5/2014 issued by CBDT on 10.07.2014. The instant case falls under the exception of audit objection in terms of clause of the Circular issued by the CBDT. In support of its claim, ld. From the above, we find that the instant case falls under the exception as provided in clause of the CBDT Circular. The monetary limit as specified for filing the appeal by the Revenue in present case does not apply. Hence we recall the impugned order passed by this Tribunal dated 03- 08-2015 and fix the date of hearing on 14.12.2016. It is also pertinent to mentioned that no separate notice to either party shall be issued. Application of the Revenue allowed in terms of above.


IN INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C(SMC) KOLKATA Before Shri N.V.Vasudevan, Judicial Member and Shri Waseem Ahmed, Accountant Member (Misc. Application) No.16/Kol/2016 (arising out ITA No.2648/Kol/2013) Assessment Year: 2006-07 ACIT, Circle-28,Aayakar Suchismita Majumder, Bhawan, Dakshin, 2, V/s. 49/58, Prince Golam Md. Gariahat Road (South), Shah Road, Kolkata-33 Kolkata-68 [P No. AFEPM 0600 F] (original appellant) (original Respondent) (Appellant) (Respondent) By Appellant Shri Rajat Kumar Kureel, JCIT-DR By Respondent Shri Pravin Kuharuka, ACA Date of Hearing 23-09-2016 Date of Pronouncement 23-09-2016 ORDER PER Waseem Ahmed, Accountant Member:- By this Miscellaneous application, Revenue has sought for recalling order passed by Tribunal in ITA No.2648/Kol/2013 dated 03.08.2015 for Assessment Year 2006-07. 2. issue raised by Revenue in this Misc. application is that Tribunal erred in dismissing appeal by observing that tax effect in this appeal of Revenue is below prescribed monetary limit as required in instruction No. 5/2014 issued by CBDT on 10.07.2014. But instant case falls under exception of audit objection in terms of clause (c) of Circular issued by CBDT. In support of its claim, ld. DR has provided copy of audit objection which is placed on record. On other hand, ld. AR raised no objection on argument of ld. DR. MA No16./Kol/2016 ACIT Cir-28 Kol v. Suchismita Majumder Page 2 3. From above, we find that instant case falls under exception as provided in clause (c) of CBDT Circular. Therefore, monetary limit as specified for filing appeal by Revenue in present case does not apply. Hence we recall impugned order passed by this Tribunal dated 03- 08-2015 and fix date of hearing on 14.12.2016. It is also pertinent to mentioned that no separate notice to either party shall be issued. Hence, Misc. Application of Revenue allowed in terms of above. 4. In result, Misc. application of Revenue is allowed. Order pronounced in open court on 23/09/2016 Sd/- Sd/- (N.V.Vasudevan) (Waseem Ahmed) (Judicial Member) (Accountant Member) Kolkata, Dkp, Sr PS - 23/09/2016 Copy of Order Forwarded to:- 1. Appellant-ACIT, Cir-28, Aayakar Bhawan, Dakshin, 2 Gariahat Rd, (S), Kolkata-68 2. Respondent-Suchimita Majumdr, 49/58, Prince Golam Md. Shah Road, Kolkata-33 3. Concerned CIT 4. - CIT (A) 5. Kolkata DR, ITAT, Kolkata 6. Guard file. By order//True Copy/ ACIT, Circle-28, Kolkata v. Suchismita Majumder
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