ACIT, CENTRAL CIRCLE-1, PATNA vs. PIYUSH & ASSOCIATES PRIVATE LIMITED, PATNA
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Income Tax Appellate Tribunal, KOLKATA-PATNA ‘e-COURT’, KOLKATA
Before: Shri Sanjay Garg & Dr. Manish Borad
Per Bench:- These appeals are preferred by the Revenue against the orders of ld. Commissioner of Income Tax (Appeals), Patna-3, all dated 11th October, 2021 for assessment years 2011-12, 2014-15 & 2015-16.
With the assistance of ld. representatives, we have gone through the grounds raised by the Revenue. It is pertinent to note that the tax effect by virtue of relief given by the first appellate authority is less than Rs.60,00,000/- . As per CBDT Instruction bearing No. 9 of 2024 issued on 17th September, 2024, CBDT has directed its subordinate authorities not to challenge the order of ld. CIT(Appeals) before Tribunal if tax effect by virtue of relief given by the ld. CIT(Appeals) is less than Rs.60,00,000/-. Such order could only be challenged if it comes within exceptions
ITA No. 104/PAT/2021 (A.Y. 2011-2012) Prominent Financial Advisory Pvt. Limited & ITA Nos. 100 & 101/PAT/2021 (A.Ys. 2014-15 & 2015-16) Piyush & Associates Pvt. Limited provided in the Instruction. Therefore, these cases do not fall in any of the exceptions and, these appeals are not maintainable.
On due consideration of the above facts and circumstances, we dismiss these appeals of the Revenue for want of tax effect. However, in case on re-verification of the facts at the end of the Assessing Officer, it comes out that tax effect is more or this case falls in any of the exceptions provided in this Instruction. Then Revenue will be at liberty to file Miscellaneous Application for revival of these appeals. Such application should be filed within the time limit provided in the Act.
In the result, all the appeals of the Revenue are dismissed. Order pronounced in the open Court on 27.09.2024. Sd/- Sd/- (Sanjay Garg) (Manish Borad) Judicial Member Accountant Member Kolkata, the 27th day of September, 2024
Copies to :(1) Assistant Commissioner of Income Tax, Central Circle-1, Patna, Central Revenue Building (Annexe), 6th Floor, Birchand Patel Path, Patna-800001, Bihar
ITA No. 104/PAT/2021 (A.Y. 2011-2012) Prominent Financial Advisory Pvt. Limited & ITA Nos. 100 & 101/PAT/2021 (A.Ys. 2014-15 & 2015-16) Piyush & Associates Pvt. Limited
(2) Prominent Financial Advisory Pvt. Ltd., 16, Ganesh Chandra Avenue, Kolkata-700013; (3) Piyush & Associates Pvt. Ltd, Pirmohani, Kadamkuan, Patna-800003/ (ii) Mahuli Road, Karmali Chak, New Byepass Road, Patna-800003, Bihar
(4) Commissioner of Income Tax (Appeals), Patna-3; (5) Commissioner of Income Tax- ; (6) The Departmental Representative (7) Guard File TRUE COPY By order
Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.