ITO, WARD - 40(1), KOLKATA, KOLKATA vs. SHRI ANIL KUMAR NEVATIA, KOLKATA
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal treated the appeal as withdrawn/not pressed due to the low tax effect, in line with CBDT Circular No. 17/2019. Consequently, the appeal filed by the Revenue was dismissed.
What were the facts?
The Revenue appealed against the deletion of an addition of Rs. 1,17,40,659/- by the CIT(Appeals). The tax effect involved in the appeal was below the monetary limit set by the CBDT for filing appeals.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the low tax effect below the CBDT's prescribed monetary limit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, KOLKATA
Before: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey
Per Shri P.M. Jagtap, Vice-President:- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-12, Kolkata dated 01.03.2017 and the solitary issue involved therein relates to the deletion by the ld. CIT(Appeals) of the addition of Rs.1,17,40,659/- made by the Assessing Officer by way of disallowance under section 40(a)(ia) of the Income Tax Act, 1961.
At the outset, the ld. Counsel for the assessee has pointed out that the tax effect involved in this appeal of the Revenue is less than the monetary limit of Rs.50,00,000/- fixed by the C.B.D.T. for filing the appeal Assessment Year: 2009-2010 Shri Anil Kumar Nevatia by the Revenue before the Tribunal and this position is not disputed even by the ld. D.R. In the Circular No. 17/2019 dated 8th August, 2019 issued by the C.B.D.T., the monetary limit for filing the appeal by Revenue before the Tribunal is revised to Rs.50,00,000/-. As further clarified in the said Circular, the monetary limit so revised is applicable even to the pending appeals and the same are directed to be withdrawn or not pressed. We accordingly treat this appeal as withdrawn /not pressed on account of low tax effect in view of the CBDT Circular No.17/2019 dated 8th August, 2019 and dismiss the same.
In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on March 12, 2021.
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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