Income-tax Officer (International Taxation), Ward-Kolkata v. J. K. Industries Ltd
[Citation -2019-LL-1001-15]

Citation 2019-LL-1001-15
Appellant Name Income-tax Officer (International Taxation), Ward-Kolkata
Respondent Name J. K. Industries Ltd.
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 01/10/2019
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags tax effect • international taxation
Bot Summary: At the outset itself, the Ld. Counsel for the assessee Shri D. S. Damle, FCA pointed out that this is a revenue appeal and the tax effect is less than Rs. 50 lacs the revenue should either withdraw the appeal or it should be dismissed as withdrawn and cited the CBDT circular No. 17/2019 dated 08.08.2019. It was pointed out to us that the issue in respect of which the appeal is preferred involves tax demand of Euro 23196. The Ld. DR Shri Supriyo Pal who was in attendance before this Bench submitted that this case is not earmarked to him being an international taxation matter. We taking note that the tax effect involved in this appeal of the revenue is less than Rs.50 lacs, we treat the revenue appeal to fall in the ken of CBDT circular and so we dismiss it as withdrawn. Application to recall this order provided it falls under any of the exception clauses cited in the CBDT Circular.


ITA No. 713/Kol/2018 J. K. Industries Ltd., AY- 2006-07, C, IN INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA [Before Shri A. T. Varkey, JM & Dr. A. L. Saini, AM] I.T.A. No. 713/Kol/2018 Assessment Year: 2006-07 Income-tax Officer (International Vs. M/s. J. K. Industries Ltd. Taxation), Ward-Kolkata (PAN: AAACJ6716F) Appellant Respondent Date of Hearing 23.09.2019 Date of Pronouncement 01.10.2019 For Appellant Shri Supriyo Pal, JCIT, Sr. DR For Respondent Shri D. S. Damle, FCA ORDER Per Shri A.T.Varkey, JM This appeal preferred by revenue is against order of Ld. CIT(A)-22, Kolkata dated 30.01.2018 for AY 2006-07. 2. At outset itself, Ld. Counsel for assessee Shri D. S. Damle, FCA pointed out that this is revenue appeal and tax effect is less than Rs. 50 lacs, therefore, revenue should either withdraw appeal or it should be dismissed as withdrawn and cited CBDT circular No. 17/2019 dated 08.08.2019. It was pointed out to us that issue in respect of which appeal is preferred involves tax demand of Euro 23196.96 and this amount even as per current prevailing exchange rate of Euro @ Rs.82/-, then also tax demand works out to be less than Rs. 50 lacs. Ld. DR Shri Supriyo Pal who was in attendance before this Bench submitted that this case is not earmarked to him being international taxation matter. However, we taking note that tax effect involved in this appeal of revenue is less than Rs.50 lacs, we treat revenue appeal to fall in ken of CBDT circular (supra) and so we dismiss it as withdrawn. However, revenue is at 2 ITA No. 713/Kol/2018 J. K. Industries Ltd., AY- 2006-07 liberty to prefer Misc. Application to recall this order provided it falls under any of exception clauses cited in CBDT Circular (supra). 3. In result, appeal of revenue is dismissed. Order is pronounced in open court. Sd/- (Dr. A. L. Saini) Sd/- (Aby. T. Varkey) Accountant Member Judicial Member Dated : 1st October, 2019 Jd.(Sr.P.S.) Copy of order forwarded to: 1. Appellant ITO (International Taxation), Ward-Kolkata 2 Respondent M/s. J. K. Industries Ltd., 7, Council House Street, Kolkata-700 001. 3. CIT(A)-22, Kolkata. 4. CIT , Kolkata 5. DR, ITAT, Kolkata. (sent through e-mail) True Copy, By order, Assistant Registrar Income-tax Officer (International Taxation), Ward-Kolkata v. J. K. Industries Ltd
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