ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 4(1), KOLKATA, INCOME TAX DEPARTMENT, KOLKATA vs. LAKHOTIA TRANSPORT CO. PRIVATE LIMITED, KOLKATA

ITSSA 126/KOL/2024Status: DisposedITAT Kolkata25 April 20253 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue is contrary to the policy decision of the Department as laid down in CBDT Circular No. 9/2024. The revised monetary limit for filing appeals before the Appellate Tribunal is Rs. 60,00,000/-. The tax effect in the present appeal was noted to be less than this amount. Consequently, the Tribunal dismissed the appeal filed by the Department in limine as not maintainable. The Tribunal also cautioned that if the Revenue later finds the tax effect to be more than Rs. 60 lakhs or that the appeal is otherwise maintainable despite a low tax effect, they are at liberty to move a miscellaneous petition to recall this order.

What were the facts?

The Revenue (ACIT, Central Circle-4(1), Kolkata) filed an appeal before the Income Tax Appellate Tribunal (ITAT), Kolkata, against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi, dated 18.06.2024, for the assessment year 2020-2021. The Revenue's appeal was filed belatedly by 42 days. The assessee, Lakhotia Transport Co. Pvt. Ltd., argued that the appeal should be dismissed in limine as the tax effect was below the revised monetary limit for filing appeals before the Tribunal, as per CBDT Circular No. 9/2024.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable in light of the revised monetary limits for filing appeals as per CBDT Circular No. 9/2024? Assessee's contention: The assessee argued that the tax effect in the Revenue's appeal is less than Rs. 60,00,000/-, which is the revised monetary limit for filing appeals before the Appellate Tribunal as per CBDT Circular No. 9/2024. Therefore, the appeal should not have been preferred by the Revenue and is liable to be dismissed in limine as not maintainable, being contrary to the Department's policy decision. Revenue's contention: The judgment does not record any specific contention from the Revenue regarding the maintainability of the appeal based on the monetary limits.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

Before: SHRI RAJESH KUMAR & SHRI SONJOY SARMA

Hearing: 06/02/2025Pronounced: 25/04/2025

आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. शििागीय प्रशतशिशि, आयकर अपीलीय अशिकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file.

सत्यापपत प्रतत //True Copy//

आदेशािुसार/ BY ORDER,

(Assistant Registrar) Income Tax Appellate Tribunal, Kolkata

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