JCIT (IN-SITU), KOLKATA vs. KOSC INDUSTRIES PRIVATE LIMITED, KOLKATA

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ITA 1870/KOL/2024Status: DisposedITAT Kolkata18 November 2024AY 2017-18Bench: SHRI RAJESH KUMAR (Accountant Member), SHRI SONJOY SARMA (Judicial Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that as per CBDT Instruction No. 9 of 2024, appeals with a tax effect below Rs. 60,00,000/- should not be challenged before the Tribunal. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order which dismissed the assessee's appeal against the assessment order. The tax effect of the relief granted by the CIT(A) was less than Rs. 60,00,000/-.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT due to insufficient tax effect as per CBDT instructions.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, KOLKATA

Before: SHRI RAJESH KUMAR & SHRI SONJOY SARMA

For Appellant: Shri Miraj D. Shah, AR
Hearing: 29.10.2024Pronounced: 18.11.2024

आदेश/O R D E R

PER SHRI RAJESH KUMAR, ACCOUNTANT MEMBER:

1.

This appeal is filed by the Revenue against the appellate order passed by the National Faceless Appeal Centre, Delhi [hereinafter referred as the learned CIT (A)] dated 24th January, 2024, for Assessment Year 2017-18, wherein the appeal filed by the Assessee against the assessment order dated 26th December, 2019, passed under section 143(3) of the Income Tax Act, 1961 (the Act) computing the total income of the Assessee as Rs.30,91,380/-, was dismissed.

3.

On due consideration of the above facts and circumstances, we dismiss these 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.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the Court on 18th November, 2024 at Kolkata.

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