INCOME TAX OFFICER , WARD - 7(1), KOLKATA, KOLKATA vs. DAHISAR TRADERS PVT LTD, KOLKATA

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ITA 339/KOL/2024Status: DisposedITAT Kolkata28 November 2024AY 2015-16Bench: Shri Duvvuru RL Reddy (Vice President)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as not maintainable due to the low tax effect, following CBDT instructions. Consequently, the assessee's cross-objection was also dismissed as infructuous.

What were the facts?

The Revenue filed an appeal against an order of the CIT(Appeals) which granted relief to the assessee. The tax effect of this relief was less than Rs. 60,00,000/-.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect below the threshold stipulated by CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA

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

Heard together (2 matters)

ITA No. 339/KOL/2024
CO No.05/KOL/2024

Read from the judgment's own cause title. This page is filed under one of them.

The present appeal is directed at the instance of Revenue against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 21st December, 2023 passed for Assessment Year 2015-16.

2.

With the assistance of ld. representatives, I 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.

(A.Y. 2015-2016) & CO No.05/KOL/2024 (in ITA 339/KOL/2024) (A.Y. 2015-2016) Dahisar Traders Pvt. Limited 3. On due consideration of the above facts and circumstances, I 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.

4.

Since I have dismissed the appeal of the Revenue for want of tax effect, therefore, the Cross Objection filed by the assessee has become infructuous and hence dismissed.

5.

In the result, the appeal of the Revenue as well as the Cross Objection by the assessee both are dismissed. Order pronounced in the open Court on 28/11/2024.

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