SOMNATH DASBISWS, KOLKATA vs. LYKIS LIMITED, KOLKAAT

PER SANJAY AWASTHI, ACCOUNTANT MEMBER 1. In this case, the ITAT Registry has pointed out that there is a delay of 236 days which has been requested to be condoned as under:

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Lykis Limited

Considering the reasons given for the said delay, we hereby condone the delay and admit the appeal for adjudication.
2. This is Revenue’s appeal arising from the order u/s 250 of the Income
Tax Act, 1961 (hereafter “the Act”), passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, vide order dated 18.01.2023. 1.1
The Ld. AR has filed an initial objection regarding the computation of tax effect and has stated that the same is below the threshold limit for filing of appeals by the Revenue. The representation of the assessee may be extracted as under:
“At the outset, Your Honour's attention is invited to the fact that the aforesaid appeal has been filed by the revenue against the order of the Ld. CIT(A) dated 18.01.2023
for AY 2015-16. Your Honour may note that the said matter has been fixed for hearing on 18.03.2025. In this regard, we wish to state that we have recently received a copy of Form 36 &
Grounds of Appeal. On perusal of the Form 36, it is observed that the tax effect mentioned in Form 36 is Rs.62,83,488/-. However, the actual tax effect is in fact only
Rs.58,13,889/-. In this regard, enclosing herewith the computation of tax effect along with relevant annexure, marked as Annexure "A".
In this regard, we request Your Honour to kindly consider the aforesaid fact on records.”
1.2
On a previous date of hearing, the Ld. DR was requested to verify the tax effect in the case as it was mentioned by the Ld. AR that instead of Rs.
62,83,488/- the tax effect was actually Rs. 58,13,889/-. On the last date of hearing, the Ld. DR fairly mentioned that the tax effect was less than whatever was mentioned in Form 36. 2. It is seen, at the outset, that the tax effect on the disputed additions before us is less than Rs. 60 lakhs as prescribed in the CBDT’s latest
Circular No. 09/2024 dated 17.09.2024 for filing appeals by the Revenue before this Tribunal. This fact is duly brought out in the assessee’s letter dated 05.03.2025 (supra).
2.1. The aforementioned CBDT’s circular prescribes that the revised

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Lykis Limited monetary limits shall apply retrospectively to pending appeals as well.
3. 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).
4. In case, at a later stage, it is found that this appeal is indeed covered under ‘exceptions’ then the department would be at liberty to move the ITAT with an MA for appropriate considerations.
5. In the result, the appeal filed by the Revenue is dismissed
Order pronounced on 03.07.2025 (George Mathan) (Sanjay Awasthi)
Judicial Member Accountant Member
Dated: 03.07.2025
AK, Sr. P.S.

Copy of the order forwarded to:
1. Lykis Limited
2. DCIT, Circle 4(1), Kolkata
3. Pr. CIT
4. CIT(A)

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By order