ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(2), KOLKATA, AAYAKAR BHAWAN POORVA vs. SUCCESS TOURS AND TRAVELS PRIVATE LIMITED, KOLKATA

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ITA 2055/KOL/2024Status: FixedITAT Kolkata27 November 2024AY 2016-17Bench: SONJOY SARMA, JUDICIAL MEMBER & SRI RAKESH MISHRA (Accountant Member)3 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 appeal filed by the Revenue was contrary to the Department's policy decision of reducing litigation. Therefore, the appeal was dismissed in limine.

What were the facts?

The Revenue filed an appeal before the ITAT which was filed late by 8 days. The assessee pointed out that the tax effect was below the revised monetary limit for departmental appeals set by CBDT Circular No. 9/2024.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect and the CBDT's policy to reduce litigation.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: SONJOY SARMA & SRI RAKESH MISHRA

For Respondent: DR. Assessee represented by: Miraj D. Shah, AR

order

: November 27th, 2024 ORDER

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

1.

The present appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)- 27, Kolkata [hereinafter referred to as ld. 'CIT(A)'] dated 27.07.2024 for AY 2016-17 arising out of the assessment order framed u/s 147 of the Act dated 24.03.2023. It is noticed that the appeal is filed late by 8 days and no application for condonation of delay has been filed.

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