ASSISTANT COMMISSIONER OF INCOME TAX, KOLKATA vs. PUSHPAK INFRA STRUCTURE PRIVATE LIMITED, KOLKATA

PDF

ITA 2163/KOL/2024Status: DisposedITAT Kolkata23 January 2025AY 2014-15Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey, Judicial Member] I.T.A. Nos.2163 & 2164/Kol/2024 Assessment Years: 2014-15 & 2015-16 ACIT, Kolkata Vs. Pushpak Infrastructure Pvt. Ltd. Appellant / (अपीलार्थी) Respondent / प्रत्यर्थी (PAN: AADCP 6166 E) Date of Hearing / सुनवाई 01.01.2025 की तिथि Date of Pronouncement/ आदेश उद्घोषणा की तिथि 23.01.2025 For the assessee / निर्धारिती की ओर से None For the revenue / राजस्व की ओर से Shri Sanjay Mukherjee, CITDR Per Pradip Kumar C1 pages

AI SummaryDismissed

Facts

The revenue appealed against the orders of the Ld. CIT(A) for AYs 2014-15 & 2015-16. The assessee pointed out that a recent CBDT circular increased monetary limits for appeals, and the tax effect in this case was below the new limit.

Held

The Tribunal held that the appeal filed by the revenue was contrary to the CBDT's policy decision regarding monetary limits for appeals. Therefore, the appeal was dismissed in limine.

Key Issues

Whether the appeal filed by the revenue is maintainable given the revised monetary limits stipulated by the CBDT, and if the tax effect is below the prescribed threshold.

Sections Cited

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

ORDER / आदेश Per Pradip Kumar Choubey, JM: These are the appeals preferred by the revenue against the separate orders of the Ld. Commissioner of Income Tax (Appeals)-26, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 27.08.2024 for the AY 2014-15 & 2015-16.

At the outset, the Ld. Counsel for the assessee submitted that the CBDT has issued a Circular No. 9/2024 dated 17.09.2024, whereby the monetary limits for filing of appeal by the Department before Income Tax Appellate Tribunal and High Courts & 2164/Kol/2024 Assessment Years: 2014-15 & 2015-16 Pushpak Infrastructure Pvt. Ltd. and SLP before Supreme Court have been increased as a measure for reducing Litigation. The revised monetary limits laid down in para-2 of this Circular are as follows:

Before Appellate Tribunal Rs. 60,00,000/- 2. Before High Court Rs. 2,00,00,000/- 3. Before Supreme Court Rs. 5,00,00,000/-

In the present case, the tax effect by the revenue is less than Rs.60,00,000/-. We note that this appeal had been filed by the revenue on 28.10.2024 and since the tax effect is within the monetary limit for filing appeals before Tribunal, in view of the Circular of CBDT (supra) at the first place, Revenue should not have preferred this appeal. In view of the above, we hold that the appeal filed by the Department, against the impugned order of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeal filed by the Department is dismissed in limine.

As a matter of caution, we observe that if the Revenue finds at a later point of time that the tax effect in the appeal is more than Rs.60 lakhs or despite low tax effect, the appeals of the revenue are maintainable, the revenue is at liberty to move this Tribunal for recalling of these orders. In the result, both the appeals of the revenue are dismissed. Order is pronounced in the open court on 23rd January, 2025