DCIT, CENTRAL CIRCLE,1(4), KOLKATA, KOLKATA vs. EDUCO VENTURES PVT LTD, 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 held that the appeal filed by the Revenue was contrary to the CBDT's policy decision to reduce litigation by increasing monetary limits for appeals. Therefore, the appeal was dismissed in limine.
What were the facts?
The Revenue filed an appeal before the ITAT with a delay of 46 days. The assessee did not object to the condonation of delay. The tax effect in the appeal was less than Rs. 60,00,000/-.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT given the revised monetary limits for filing appeals as per CBDT Circular No. 9/2024.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]
ORDER/ आदेश Per Shri Pradip Kumar Choubey, JM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-20, Kolkata [hereinafter referred to as ‘ Ld. CIT(A)’] dated 08.07.2024 for the assessment year 2017-18.
There is a delay of 46 days in filing the appeal. The Ld. Counsel for the department filed condonation petition. Assessee did not raise any objection in condoning the delay. Hence delay is here by condoned.
At the outset, the Ld. Counsel of 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 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 22.10.2024 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 appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. In the result, appeal of the revenue is dismissed.
Order is pronounced in the open court on 19th December, 2024
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