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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)