INCOME TAX OFFICER, WARD - 1, AGARTALA, AGARTALA vs. BIDHAN ROY, AGARTALA
Facts
The Revenue appealed against the CIT(A)'s order which deleted an addition of Rs. 1,62,65,822/- made by the Assessing Officer under Section 69A for unexplained cash deposits for AY 2013-14. The Revenue contended that the CIT(A) accepted additional evidence without giving the AO an opportunity. The assessee filed cross-objections supporting the CIT(A)'s deletion.
Held
The Tribunal dismissed the Revenue's appeal as non-maintainable due to the tax effect being below ₹60,00,000/-, as stipulated by CBDT Circular No. 9 of 2024. The assessee's cross-objections were also dismissed. The Revenue was granted liberty to file a Miscellaneous Application for recall if the tax effect is later found to be above the limit or falls under exceptions.
Key Issues
Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT Circular No. 9 of 2024.
Sections Cited
250, 147, 144, 69A, 46A, 34(4)
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Income Tax Appellate Tribunal, GUWAHATI BENCH AT KOLKATA
Before: SHRI MANOMOHAN DAS & SHRI RAKESH MISHRA
आयकर अपीलीय अधिकरण गुवाहाटी पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH AT KOLKATA [वर्ुअल कोटु] [Virtual Court] श्री मनमोहन दास, न्याधयक सदस्य एवं श्री राकेश धमश्रा, लेखा सदस्य के समक्ष Before SHRI MANOMOHAN DAS, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER I.T.A. No.: 158/GTY/2024 & CO No. 01/GTY/2025 Assessment Year: 2018-19 ITO, Ward 1, Agartala Bidhan Roy Vs. (Appellant) (Respondent) PAN: AHGPR4718 Appearances: Department represented by : Kausik Ray, JCIT Assessee represented by : None. Date of concluding the hearing : March 24th, 2025 Date of pronouncing the order : March 25th, 2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the Revenue is against the order of the Commissioner of Income Tax (Appeals)- NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2013-14 dated 20.05.2024,
On due consideration of the above facts and circumstances, we dismiss this appeal of the Revenue on account of low tax effect. However, in case on re-verification of the facts at the end of the Ld. Assessing Officer, it emerges that the tax effect is more than the limit for filing the appeal or this case falls under any of the exceptions provided in the instruction, then the Revenue will be at liberty to file a Miscellaneous Application for recall of this order and revival of the appeal. Such an application should be filed within the time limit provided in the Act.
In the result, the appeal filed by the revenue as well as the cross objections filed by the assessee are dismissed.
Order pronounced on 25th March, 2025 under Rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1963. Sd/- Sd/- [Manomohan Das] [Rakesh Mishra] Judicial Member Accountant Member Dated: 25.03.2025 Bidhan (P.S.)
Assistant Registrar ITAT, Kolkata Benches Kolkata