ITO, KOLKATA vs. KOLKATA RESERVE BANK EMPLOYEES COOPERATIVE SOCIETY LIMITED, KOKATA

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ITA 1689/KOL/2024Status: DisposedITAT Kolkata30 December 2024AY 2018-19Bench: SHRI PRADIP KUMAR CHOUBEY (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal because the tax effect was below the prescribed monetary limit. The Revenue was granted liberty to file a Miscellaneous Application if the tax effect was higher or if the case fell under an exception.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2018-19. The tax effect of the relief granted by the CIT(A) was ₹57,06,878, which is below the CBDT's monetary limit of ₹60,00,000 for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the low tax effect, as per CBDT instructions.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH KOLKATA

Before: SHRI PRADIP KUMAR CHOUBEY & SHRI RAKESH MISHRA

For Appellant: Shri Akhil Kumar, SR. DR
For Respondent: Shri Anil Kochar, Advocate
Hearing: 24.12.2024Pronounced: 30.12.2024

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA BEFORE SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER Assessment Year: 2018-19 ITO, Ward – 36(1), Kolkata Reserve Bank Aaykar Bhavan Poorva, Employees Cooperative Credit Kolkata-700107 Vs Society Limited, West Bengal, 13, Netaji Subhash Road, Kolkata - 700001 West Bengal, (Appellant) (Respondent) PAN: AABAK6244L Present for: Appellant by : Shri Akhil Kumar, SR. DR Respondent by : Shri Anil Kochar, Advocate Date of Hearing : 24.12.2024 Date of Pronouncement : 30.12.2024 O R D E R PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the Revenue is against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, New Delhi (hereinafter referred to as “the Ld. CIT (A)”) passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2018-19 dated 07.06.2024, which has been passed against the assessment order u/s 143(3) of the Act, dated 20.04.2021.

2.

At the outset, it is noted that there is a delay of 03 days in filing the appeal. An application for condonation of delay has been filed. However, it is noted from the Limitation Certificate of the Ld. Pr. CIT that the appellate order of the Ld. CIT(A) was received in his office on 15.07.2024 and the appeal has been filed on 09.08.2024. Hence, there is no delay and the appeal has been filed in time and is admitted for adjudication. Kolkata Reserve Bank Employees Cooperative; A.Y. 2018-19 3. It is pertinent to note that the tax effect by virtue of relief given by the first appellate authority is less than Rs.60,00,000/- as mentioned in Col. No. 10 of Form No.

36.

The Ld. AR objected to the admission of the appeal as the tax effect is stated to be ₹57,06,878/- which is below ₹60,00,000/-. As per the CBDT’s Instruction No. 9 of 2024 issued on 17th September, 2024, the CBDT has directed its subordinate authorities not to file appeal against the order of the ld. CIT(Appeals) before the Tribunal if the tax effect by virtue of relief given by the ld. CIT(Appeals) is less than Rs.60,00,000/-. Such order could only be challenged if it comes within the exceptions provided in the Instruction. Ld. Sr. DR could not rebut this fact nor could he demonstrate how the appeal was covered under any of the exceptions; therefore, this appeal is not maintainable.

4.

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.

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