DCIT, CC-1(3), KOLKATA, KOLKATA vs. S M NIRYAT PVT. LTD., KOLKATA

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ITA 1445/KOL/2024Status: DisposedITAT Kolkata09 December 2024AY 2018-19Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey, Judicial Member] I.T.A. Nos.1444 to 1446/Kol/2024 Assessment Years: 2015-16, 2018-19 & 2019-20 DCIT, CC-1(3), Kolkata Vs. S. M. Niryat Pvt. Ltd. (PAN: AAJCS 7460 E) Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 28.11.2024 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 09.12.2024 For the assessee / Ǔनधा[ǐरती कȧ ओर से Shri Tanmoy Kar, ACA For the revenue / राजèव कȧ ओर से Shri Subhendu Datta, CITDR ORD3 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals filed by the Revenue were contrary to the Department's policy decision on litigation reduction. Therefore, the appeals were dismissed in limine.

What were the facts?

The Revenue filed appeals against the CIT(A) orders for AYs 2015-16, 2018-19 & 2019-20. The tax effect in these appeals was below the revised monetary limit set by the CBDT for filing appeals before the ITAT.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the revised monetary limit prescribed by the CBDT for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

ORDER / आदेश Per Pradip Kumar Choubey, JM: These are the appeals preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-20, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] for the AY 2015-16, 2018-19 & 2019-20.

2.

At the outset, the Ld. Counsel for 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 to 1446/Kol/2024 Assessment Year: 2015-16, 2018-19 & 2019-20 S. M. Niryat Pvt. Ltd. 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:

1.

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/-

3.

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 28.06.2024 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.

4.

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, all the appeals of the revenue are dismissed. Order is pronounced in the open court on 9th December, 2024

Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 9th December, 2024 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- DCIT, CC-1(3), Kolkata 2. Respondent – S. M. Niryat Pvt. Ltd., 402, Sagar Trade Cube, 104, S P Mukherjee Road, Kolkata-700026 3. Ld. CIT(A)-20, Kolkata 4. Ld. Pr. CIT- Central-1, Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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