DCIT,CIRCLE-5(1), KOLKATA, KOLKATA vs. BATLIVALA AND KARANI SECURITIES INDIA PVT LTD , KOLKATA

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ITA 289/KOL/2024Status: DisposedITAT Kolkata28 November 2024AY 2011-12Bench: Shri Duvvuru RL Reddy, Vice-President (KZ), Shri Rajesh Kumar (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal of the Revenue. This was based on a CBDT instruction not to challenge orders where the tax effect is below a certain threshold, unless specific exceptions apply.

What were the facts?

The Revenue filed an appeal against the order of the CIT(Appeals) for AY 2011-12. The tax effect of the relief granted by the CIT(Appeals) was less than Rs. 60,00,000/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal due to the low tax effect, as per CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ) & Shri Rajesh Kumar

Per Duvvuru RL Reddy, Vice-President (KZ):- The present appeal is directed at the instance of Revenue against the order of ld. Commissioner of Income Tax (Appeals),

2.

With the assistance of ld. D.R., we have gone through the grounds raised by the Revenue. 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 per CBDT Instruction bearing No. 9 of 2024 issued on 17th September, 2024, CBDT has directed its subordinate authorities not to challenge the order of ld. CIT(Appeals) before Tribunal if 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 exceptions provided in the Instruction. Therefore, this case does not fall in any of the exceptions and, this appeal is not maintainable.

3.

On due consideration of the above facts and circumstances, we dismiss this appeal of the Revenue for want of tax effect. However, in case on re-verification of the facts at the end of the Assessing Officer, it comes out that tax effect is more or this case falls in any of the exceptions provided in this Instruction. Then Revenue will be at liberty to file Miscellaneous Application for revival of this appeal. Such application should be filed within the time limit provided in the Act.

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