ITO, WARD-62(1), KOLKATA vs. HARISH BHARGAVA, KOLKATA

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ITA 2334/KOL/2024Status: DisposedITAT Kolkata11 February 2025AY 2018-19Bench: the Tribunal. The ld. counsel argues that as per CBDT Circular No.17/2019 dated 08.08.2019, appeals with tax effect below Rs.50 lacs was subsequently enhanced to Rs.60 lacs by the latest circular issued by the CBDT. The present appeals should not be perused before Tribunal and may be dismissed on the ground of low tax effect.3 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 confirmed that the tax effect was indeed below Rs.60 lacs and that the revenue's appeal did not fall under any exceptions specified in the CBDT circulars. Consequently, the revenue's appeal was dismissed as not maintainable, and the assessee's cross-objection was also dismissed as infructuous.

What were the facts?

The revenue filed an appeal against a CIT(A) order for Assessment Year 2018-19, and the assessee filed a corresponding cross-objection. The ld. AR contended that the tax effect involved in the appeal was below Rs.60 lacs, which is the monetary limit set by CBDT Circulars for filing appeals before the Tribunal.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the Tribunal due to the tax effect being below the monetary threshold prescribed by CBDT circulars, and the consequential fate of the assessee's cross-objection.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA

Before: Shri Sonjoy Sarma & Shri Rakesh Mishra

Heard together (2 matters)

I.T.A. No.2334/Kol/2024
C.O. No.1/Kol/2025

Read from the judgment's own cause title. This page is filed under one of them.

Assessment Year: 2018-19 Harish Bhargava ……………………………………………………..….…..Cross-Objector Flat No.A1, 118 Canal Street, Sreebhumi, Kolkata-700048. [PAN: AECPB7304L] vs. ITO, Ward-62(1), Kolkata................................................……........……...…..…..Respondent Appearances by: Shri Vinod Jain, AR, appeared on behalf of the assessee. Shri Manas Mondal, Addl. CIT- DR, appeared on behalf of the Revenue. Date of concluding the hearing : February 10, 2024 Date of pronouncing the order : February 11, 2024 ORDER

Per Sonjoy Sarma, Judicial Member:

1.

The revenue has filed an appeal against the order dated 25.09.2024 by the National Faceless Appeal Centre [hereinafter referred to as the ‘CIT(A)’] and the assessee has filed the corresponding cross- objection relating to assessment year 2018-19.

2.

At the outset, the ld. AR contended that the present appeal filed by the revenue relates to assessment year 2018-19, where the tax effect involved is below Rs.60 lacs, the prescribed monetary limit fixed by the CBDT vide Circular No. 09/2024 dated 17/09/2024 for filing appeals before the Tribunal. The ld. counsel argues that as per CBDT Circular C.O. No.1/Kol/2025 Harish Bhargava No.17/2019 dated 08.08.2019, appeals with tax effect below Rs.50 lacs was subsequently enhanced to Rs.60 lacs by the latest circular issued by the CBDT. The present appeals should not be perused before Tribunal and may be dismissed on the ground of low tax effect.

3.

On the other hand, the ld. DR acknowledged that the tax effect involved in the present appeals are below the prescribed limit. However, the ld. DR submitted that the appeal may have been filed erroneously.

4.

We, after hearing both the parties and reviewing the material on record, find that the tax effect is involved in this appeal, which is below Rs.60 lacs, the prescribed monetary threshold under the CBDT for filing appeals before the Tribunal. There is no indication that the revenue’s appeal falls within any of the exceptions outlined in the CBDT’s circular. In the light of the above, the appeal filed by the revenue is not maintainable and liable to be dismissed as per the guidelines of the CBDT Circular of 2024, the consequential cross-objection i.e. C.O No.1/Kol/2025 filed by the assessee is rendered infructuous and is also dismissed. The present appeal of the revenue is dismissed due to low tax effect and the corresponding cross-objection filed by the assessee is also dismissed as infructuous.

5.

In the result, the appeal filed by the revenue is dismissed and cross-objection filed by the assessee is also dismissed.

Kolkata, the 11th February, 2025.

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