INCOME TAX OFFICER, WARD-5(1), KOLKATA, KOLKATA vs. EXPRESSION NOVELTIES PRIVATE LIMITED, KOLKATA

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ITA 1351/KOL/2025Status: DisposedITAT Kolkata28 August 2025AY 2017-18Bench: the Tribunal raising the following grounds of appeal:6 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal, finding it non-maintainable as the tax effect (Rs. 52,91,625/-) was below the monetary limit of Rs. 60 lakhs as per CBDT Circular No. 9 of 2024. The assessee's Cross Objections were also dismissed as withdrawn.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of an addition of Rs. 68.50 lakhs made under Section 69A for unexplained cash deposits during demonetization. The assessee also filed Cross Objections challenging the validity of the assessment notice issued under Section 143(2).

What were the issues?

Whether the Revenue's appeal was maintainable due to low tax effect as per CBDT circulars, and the validity of the addition under Section 69A and the Section 143(2) assessment notice.

Which sections of the Income-tax Act were involved?

Section 69A,Section 143(2),Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

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

Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA

order

: 29-August-2025 ORDER

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

1.

This appeal filed by the Revenue is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2017-18 dated 30.04.2025, which has been passed against the assessment order u/s 143(3) of the Act, dated 12.12.2019.The assessee has also filed Cross Objections in respect of the appeal of the Revenue.

2.

The Revenue is in appeal before the Tribunal raising the following grounds of appeal:

6.

On due consideration of the above facts and circumstances, we dismiss this appeal of the Revenue on account of low tax effect. However, in case on re-verification of the facts at the end of the Ld. Assessing Officer, it emerges that the tax effect is more than the limit for filing the appeal or this case falls under any of the exceptions provided in the instruction, then the Revenue will be at liberty to file a

7.

In the result, the appeal filed by the Revenue is dismissed while the Cross Objections filed by the assessee are also dismissed as withdrawn.

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