DEBADATTA PRIYADARSHSHAN,CUTTACK vs. ITO-WARD-KHURDA, KHURDA
Facts
The assessment year in question is 2015-2016. The assessee's appeal pertains to a direction issued by the Pr.CIT under Section 263 of the Act. The core issue revolves around the applicability of Section 115BBE of the Act, which levies a 60% rate on certain income.
Held
The tribunal held that the provisions of Section 115BBE of the Act, levying a 60% rate, came into effect from 01.04.2017. Since the assessment year was 2015-2016, the 60% rate was not available in the statute book for that period.
Key Issues
Whether the 60% rate under Section 115BBE of the Act, effective from 01.04.2017, is applicable to the assessment year 2015-2016.
Sections Cited
115BBE, 263
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. Pr.CIT, Bhubaneswar-1, dated 11.01.2025, passed in DIN & Order No.ITBA/REV/RV5/2024-25/1072096062(1) for the assessment year 2015-2016.
It was the submission that the assessment year is 2015-2016, however, ld. Pr.CIT vide order u/s.263 of the Act has directed the Assessing Officer to apply rate of 60% under the provision of Section 115BBE of the Act. It was the submission that rate of 60% under the provision of Section 115BBE of the Act was not available for the assessment year 2015-2016. Ld. AR placed reliance on the decision of
2 ITA No.60/CTK/2025 the Hon’ble Madras High Court in the case of SMILE Microfinance Limited, passed in W.P.(MD) No.2078 of 2020, dated 19.11.2024 wherein the Hon’ble High Court has held in para 17 that the provision of Section 115BBE of the Act levying a rate of 60% came into effect from 01.04.2017. It was the submission that the impugned assessment year is 2015-2016. As the levy of 60% came w.e.f.01.04.2017, therefore, levy of 60% could not levied on the assessee. 3. In reply, ld. CIT-DR vehemently supported the order of the ld. Pr.CIT. 4. We have considered the rival submissions. A perusal of the provisions of Section 115BBE of the Act clearly shows that the rate of 60% has been brought to the statute w.e.f.01.04.2017, however, in the case of assessee the assessment year is 2015-2016. As the rate of 60% was not available in the statute book under the provisions of Section 115BBE of the Act for the assessment year 2015-2016, the direction given by the ld. Pr.CIT in his order u/s.263 of the Act is unsustainable in law and consequently, the order u/s.263 of the Act stands quashed. 5. In the result, appeal of assessee is allowed. Order dictated and pronounced in the open court on 09/04/2025. Sd/- Sd/- (राजेश कुमार) (जाजज माथन) (RAJESH KUMAR) (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER ददनाांक Dated 09/04/2025 Prakash Kumar Mishra, Sr.P.S.
3 ITA No.60/CTK/2025
आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant- 2. प्रत्यथी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कटक / DR, ITAT, Cuttack 6. गार्ज फाईल / Guard file. सत्यापपत प्रयत //True Copy//
आदेशािुसार/ BY ORDER,
(Assistant Registrar) आयकर अपीलीय अधिकरण, कटक/ITAT, Cuttack
