Income-tax Officer, Wd-3(3), Kolkata v. Suvarna Commercial Pvt. Ltd
[Citation -2019-LL-0823-63]

Citation 2019-LL-0823-63
Appellant Name Income-tax Officer, Wd-3(3), Kolkata
Respondent Name Suvarna Commercial Pvt. Ltd.
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 23/08/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags low tax effect • monetary limit
Bot Summary: Application has been filed by the revenue against the order of Tribunal dated 22.04.2019 passed in ITA No. 2099/Kol/2018 for AY 2010-11 being low tax effect appeal. The Tribunal passed order in ITA No. 2099/Kol/2018 on 22.04.2019 being low tax effect. At the outset itself, the Ld. DR submitted that vide order dated 22.04.2019, the Tribunal dismissed the appeal of the revenue in ITA No. 2099/Kol/2018 for AY 2010-11 in terms of low tax effect. According to Ld. DR, the instant case falls under the exception of audit objection in terms of para 10 of the Circular No. 3 of 2018 issued by the CBDT dated 11.07.2018. He urged before the Bench to recall the Tribunal s order passed on 22.04.2019 being dismissed as low tax effect. From the above, we find that the instant case falls under the exception as provided in para 10 of the Circular No. 3 of 2018 issued by the CBDT dated 11.07.2018. We recall the impugned order passed by this Tribunal dated 22.04.2019 and the Registry is directed to fix the appeal in due course.


IN INCOME TAX APPELLATE TRIBUNAL D BENCH KOLKATA [Before Shri A. T. Varkey, JM & Dr. A. L. Saini, AM] MA No. 158/Kol/2019 In I.T.A. No. 2099/Kol/2018 Assessment Year 2010-11 Income-tax Officer, Wd-3(3), Kolkata Vs. M/s. Suvarna Commercial Pvt. Ltd. (PAN: AAECS0442B) Applicant Respondent Date of Hearing 23.08.2019 Date of Pronouncement 23.08.2019 For Applicant Smt. Madhu Malati Ghosh, Addl. CIT For Respondent Ms. Radhika Agarwal, CA ORDER Per Shri A.T.Varkey, JM This Misc. application has been filed by revenue against order of Tribunal dated 22.04.2019 passed in ITA No. 2099/Kol/2018 for AY 2010-11 being low tax effect appeal. 2. Tribunal passed order in ITA No. 2099/Kol/2018 on 22.04.2019 being low tax effect. However, this appeal falls under exception of para 10 of CBDT Circular No. 3 of 2018 dated 11.07.2018. 3. At outset itself, Ld. DR submitted that vide order dated 22.04.2019, Tribunal dismissed appeal of revenue in ITA No. 2099/Kol/2018 for AY 2010-11 in terms of low tax effect. According to Ld. DR, instant case falls under exception of audit objection in terms of para 10 of Circular No. 3 of 2018 issued by CBDT dated 11.07.2018. In support of its claim, Ld. DR has provided copy of audit objection which is placed on record. So, he urged before Bench to recall Tribunal s order passed on 22.04.2019 being dismissed as low tax effect. 2 MA No. 158/Kol/2019 Suvarna Commercial Pvt. Ltd., AY- 2010-11 4. From above, we find that instant case falls under exception as provided in para 10 of Circular No. 3 of 2018 issued by CBDT dated 11.07.2018. 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 22.04.2019 and Registry is directed to fix appeal in due course. 5. In result, Misc. application of Revenue is allowed. Order is pronounced in open court. Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 23rd August, 2019 Jd.(Sr.P.S.) Copy of order forwarded to: 1. Appellant ITO, Ward-3(3), Kolkata. 2 Respondent M/s. Suvarna Commercial Pvt. Ltd., 3, Dacres Lane, Kolkata-700 069. 3. CIT(A)-17 , Kolkata (sent through e-mail) 4. CIT- 1 , Kolkata. 5. DR, ITAT, Kolkata. (sent through e-mail), By order, Assistant Registrar Income-tax Officer, Wd-3(3), Kolkata v. Suvarna Commercial Pvt. Ltd
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