DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(2), KOLKATA, AAYAKAR BHAWAN POORVA vs. REGENT HIRISE PRIVATE LIMITED, KOLKATA
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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar & Shri Pradip KumarChoubey]
आयकर अपील�य अ�धकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA �ी राजेश कुमार, लेखा सद�य एवं �ी �द�प कुमार चौबे, �या�यक सद�य के सम� [Before Shri Rajesh Kumar, Accountant Member & Shri Pradip KumarChoubey, Judicial Member] I.T.A. No. 1458/Kol/2024 Assessment Year: 2017-18 DCIT,CC-4(2), Kolkata Vs. Regent Hirise Pvt. Ltd.
(PAN: AACCR 7453 D) Appellant / (अपीलाथ�) Respondent / (��यथ�)
Date of Hearing / सुनवाई 28.11.2024 क� �त�थ Date of Pronouncement / 29.11.2024 आदेश उ�घोषणा क� �त�थ For the Appellant / Shri Subhendu Dutta, CIT DR �नधा�रती क� ओर से For the Respondent / None राज�व क� ओर से
ORDER/ आदेश Per Shri Rajesh Kumar, AM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-27, Kolkata [hereinafter referred to as ‘ Ld. CIT(A)’] dated 05.03.2024 for the assessment year 2017-18. 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
2 ITA No.1458/Kol/2024 AY: 2017-18 Regent Hirise 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:
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 01.07.2024 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. 6. In the result, appeal of the revenue is dismissed.
Order is pronounced in the open court on 29th November, 2024
Sd/- Sd/- (Pradip Kumar Choubey /�द�प कुमार चौबे) (Rajesh Kumar / राजेश कुमार) Judicial Member /�या�यक सद�य Accountant Member / लेखा सद�य Dated: 29th November, 2024 SM, Sr. PS
3 ITA No.1458/Kol/2024 AY: 2017-18 Regent Hirise Pvt. Ltd.
Copy of the order forwarded to: 1. Appellant- DCIT, Circle-4(2), Kolkata 2. Respondent – Regent Hirise Pvt. Ltd., 207, A. J. C Bose Road, Near Kola Mandir, Kolkata-700017 3. Ld. CIT(A)-27, Kolkata 4. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order
Assistant Registrar ITAT, Kolkata Benches, Kolkata
