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Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA
Before: Shri Sonjoy Sarma & Shri Rakesh Mishra
order : December 05, 2024 आदेश / ORDER Per Bench: The captioned appeals have been preferred by the revenue against the separate orders of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’) for A.Ys 2016-17, 2017-18, 2018-19 & 2020-21. Since the issues involved in all these appeals arise are common and related to same party, therefore, these have been heard together and are being disposed of by this common order for the sake of convenience.
None appeared on behalf of the assessee despite multiple notices from the registry regarding the hearing of the case. Therefore, we have no other alternative but to decide these appeals ex parte after hearing the submission of the ld. DR and considering the materials on record.
to 1289/Kol/2023 Assessment Years: 2016-17, 2017-18,2018-19, 2020-21 Coal Mines Authority Ltds Employees Cooperative Credit Society Ltd 3. At the outset, the ld. DR stated that there were delays of 116, 123, 49 & 49 days in filing the captioned appeals respectively by the revenue. The revenue has submitted applications for condonation of such delays citing valid reasons. After perusing the condonation petitions, we condone the delay in filing these appeals. 4. we note that the tax effect involved in all these appeals filed by the revenue is less than Rs.60,00,000/-. 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:
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/- 4. We also note that all the present appeals had been filed by the revenue on 24.11.2023 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 these appeals. In view of the above, we hold that the captioned appeals filed by the Department, against the impugned orders of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeals filed by the Department are 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 these appeals is more than Rs.60 lakhs or despite low tax effect, the appeals of the revenue are maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. to 1289/Kol/2023 Assessment Years: 2016-17, 2017-18,2018-19, 2020-21 Coal Mines Authority Ltds Employees Cooperative Credit Society Ltd 6. In the result, all the captioned appeals of the revenue are dismissed. Kolkata, the 5th December, 2024.