DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 4(1), KOLKATA, INCOME TAX, KOLKATA vs. LAKHOTIA MOTORS PRIVATE LIMITED, KOLKATA

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ITSSA 93/KOL/2024Status: DisposedITAT Kolkata17 October 20242 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 dismissed due to the tax effect being lower than the prescribed limits as per CBDT Circular No. 09/2024. The circular, dated 17.09.2024, prescribes monetary limits for filing appeals by the Revenue before the Tribunal and states that these revised limits apply retrospectively to pending appeals. The Departmental Representative conceded that the tax effect in this appeal fell below the stipulated threshold. Therefore, in accordance with the CBDT's directive and the concession made by the Revenue, the appeal was dismissed on this procedural ground. No findings were made on the merits of the additions.

What were the facts?

The Revenue, represented by the DCIT, Central Circle-4(1), Kolkata, filed an appeal against the order of the CIT(A)-27, Kolkata, dated 14.06.2024, passed under Section 250 of the Income Tax Act, 1961. The assessment year in question is 2021-22. The assessee is Lakhotia Motors Private Limited. The appeal was heard on October 1st, 2024, and the order was pronounced on October 17th, 2024. The Departmental Representative (DR) acknowledged that the tax effect on the disputed additions was below the monetary limit prescribed by CBDT Circular No. 09/2024.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the Tribunal, considering the tax effect involved is less than the prescribed monetary limit as per CBDT Circular No. 09/2024. (Question of law) Assessee's Contention: The judgment records no specific arguments from the assessee as they were not represented. Revenue's Contention: The Departmental Representative fairly stated that the tax effect involved in the appeal is less than the prescribed limit as per CBDT Circular No. 09/2024.

Which sections of the Income-tax Act were involved?

Section 250,Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SRI SANJAY GARG & SRI SANJAY AWASTHI

For Respondent: DR. Assessee represented by: None

आयकर अपीलीय अधिकरण कोलकाता 'ए' पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA श्री संजय गगग, न्याधयक सदस्य एवं श्री संजय अवस्थी, लेखा सदस्य के समक्ष Before SRI SANJAY GARG, JUDICIAL MEMBER & SRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.(S.S.)A. No.: 93/KOL/2024 Assessment Year: 2021-22 DCIT, Central Circle-4(1), Kolkata………..…………………………….Appellant Vs. Lakhotia Motors Private Limited..........................................Respondent [PAN: AABCL 5721 F] Appearances: Department represented by: Subhendu Datta, CIT DR. Assessee represented by: None. Date of concluding the hearing : October 1st, 2024 Date of pronouncing the order : October 17th, 2024 ORDER Per Sanjay Awasthi, Accountant Member: The present appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)- 27, Kolkata [hereinafter referred to as ld. 'CIT(A)'] u/s 250 of the Income Tax Act, 1961 (in short the 'Act') dated 14.06.2024. 2. It is seen, at the outset, that the tax effect on the disputed additions before us is less than Rs. 60 lakh as prescribed in the CBDT’s latest Circular No. 09/2024 dated 17.09.2024 for filing appeals by the Revenue before this Tribunal.

I.T.(S.S.)A. No.: 93/KOL/2024 Assessment Year: 2021-22 Lakhotia Motors Private Limited. 2.1. This circular prescribes that the revised monetary limits shall apply retrospectively to pending appeals as well. 3. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. 4. In view of above stated position, the appeal of the Revenue is dismissed u/s 268A of the Act because of tax effect lower than the prescribed limits as per CBDT Circular No. 09/2024 (supra). Order pronounced in the open Court on 17th October, 2024. Sd/- Sd/- [Sanjay Garg] [Sanjay Awasthi] Judicial Member Accountant Member Dated: 17.10.2024 Bidhan (P.S.) Copy of the order forwarded to: 1. DCIT, Central Circle-4(1), Kolkata. 2. Lakhotia Motors Private Limited, 26, Tarachand Dutta Street, Ground Floor, Kolkata, West Bengal, 700073. 3. CIT(A)-27, Kolkata. 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. //True copy // By order

Assistant Registrar ITAT, Kolkata Benches Kolkata

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