DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. PUNAM DEVI LAKHOTIA, KOLKATA

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ITA 1448/KOL/2024Status: DisposedITAT Kolkata27 February 2025AY 2020-21Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)2 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 noted that the CBDT circular's revised monetary limits apply retrospectively to pending appeals. As the tax effect in this case was less than the prescribed Rs. 60 lakh, the revenue's appeal was dismissed under Section 268A of the Income Tax Act.

What were the facts?

The revenue filed an appeal against the order of the Ld. Commissioner of Income Tax (Appeals) for AY 2020-21. It was observed that the tax effect on the disputed additions was less than Rs. 60 lakh, which falls below the monetary limit prescribed by CBDT's Circular No. 09/2024 dated 17.09.2024 for filing appeals by the Revenue.

What were the issues?

Whether the revenue's appeal is maintainable before the Income Tax Appellate Tribunal when the tax effect is below the monetary limits prescribed by the CBDT circulars.

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, “C” BENCH KOLKATA

Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA

For Appellant: Shri Praveen Kishore, CIT, DR
For Respondent: Shri Miraj D. Shah, AR
Hearing: 27.02.2025Pronounced: 27.02.2025

Present for: Appellant by : Shri Praveen Kishore, CIT, DR Respondent by : Shri Miraj D. Shah, AR Date of Hearing : 27.02.2025 Date of Pronouncement : 27.02.2025 O R D E R Per Bench : This is an appeal filed by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals), Kolkata-21 [hereinafter referred to as “the Ld. CIT(A)”] vide order no. ITBA/APL/S/250/2023- 24/1059679492(1) dated 12.01.2024 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2020-21.

2.

Shri Praveen Kishore, CIT, DR appeared on behalf of the Appellant/revenue and Shri Miraj D. Shah, AR appeared on behalf of the assessee/Respondent.

3.

It is seen, at the outset, in this case 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 appeal by the Revenue before this Tribunal.

Punam Devi Lakhotia AY: 2020-21 31. This circular prescribes that the revised monetary limits shall apply retrospectively to pending appeals as well.

4.

The Ld. DR has fairly admitted that tax effect involved in this appeal is less than the prescribed monetary limit of Rs. 60 lakh.

5.

In view of above stated position, this appeal of the Revenue is dismissed u/s 268A of the Act because of low tax effect than the prescribed limits as per CBDT Circular No. 09/2024 (supra).

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