DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), KOLKATA, KOLKATA vs. BHANU MERCHANTS PRIVATE LIMITED, KOLKATA

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ITA 1280/KOL/2024Status: DisposedITAT Kolkata22 October 2024AY 2009-10Bench: Shri Rajpal Yadav, Vice-President (KZ), Shri Rajesh Kumar (Accountant Member)3 pages

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held 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, unless they fall within specific exceptions. Since these appeals did not fall under any exceptions, they were not maintainable.

What were the facts?

The Revenue filed appeals against the orders of the CIT(Appeals) for assessment years 2009-10, 2010-11, and 2012-13. 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 whether the Revenue's appeals were maintainable before the Tribunal given the tax effect of the relief granted by the lower appellate authority, in light of CBDT instructions.

Which sections of the Income-tax Act were involved?

N/A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Rajesh Kumar

(A.Y. 2009-10) Bhanu Merchants Private Limited THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, KOLKATA Before Shri Rajpal Yadav, Vice-President (KZ) & Shri Rajesh Kumar, Accountant Member I.T.(SS)A. No. 72/KOL/2024 Assessment Year: 2010-11 & I.T.(SS)A. No. 73/KOL/2024 Assessment Year: 2012-13 & Assessment Year: 2009-10 Deputy Commissioner of Income Tax,….……Appellant Central Circle-1(2), Kolkata, Aayakar Bhawan Poorva, Room No. 310, 3rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Bhanu Merchants Private Limited,………….Respondent 53A, Rafi Ahmed Kidwai Road, 3rd floor, Kolkata-700016 [PAN: AABCB0940Q] Appearances by: Shri Subhendu Datta, CIT (DR), appeared on behalf of the Revenue Shri Deepak Mundra, ACA & Shri Robin Maheshwari, ACA, appeared on behalf of the assessee Date of concluding the hearing: October 22, 2024 Date of pronouncing the order: October 22, 2024

IT(SS)A No. 72/KOL/2024 (A.Y. 2010-11) IT(SS)A No. 73/KOL/2024 (A.Y. 2012-13)

(A.Y. 2009-10) Bhanu Merchants Private Limited O R D E R Per Bench:- These appeals being IT(SS)A Nos. 72 & 73/KOL/2024 are preferred by the Revenue against the orders of ld. Commissioner of Income Tax (Appeals), Kolkata-20 dated 16th January, 2024 for assessment years 2010-11 &, 2011-12 respectively. The appeal being is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Kolkata-20 dated 12th February, 2024 for assessment year 2009-10.

With the assistance of ld. representatives, we have gone through the grounds of appeals 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, these cases do not fall in any of the exceptions and, these appeals are not maintainable.

On due consideration of the above facts and circumstances, we dismiss these appeals of the Revenue 2

IT(SS)A No. 72/KOL/2024 (A.Y. 2010-11) IT(SS)A No. 73/KOL/2024 (A.Y. 2012-13)

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