DCIT, CENTRAL CIRCLE - 4(1), KOLKATA, INCOME TAX DEPARTMENT, KOLKATA vs. SUNITA KHEMKA, PATNA
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal was filed contrary to the CBDT's circular increasing monetary limits for appeals. Therefore, the appeal was dismissed in limine.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order for AY 2012-13. The tax effect in the appeal 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 and the CBDT's revised monetary limits for filing appeals.
AI-generated summary — verify with the full judgment below
ORDER / आदेश This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals) – 27, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 26.02.2024 for the AY 2012-13.
None appeared on behalf of the assessee. At the outset, we note that the CBDT has issued a Circular No. 9/2024 dated 17.09.2024, whereby the monetary limits for filing of appeal by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as a measure for reducing
Before Appellate Tribunal Rs. 60,00,000/- 2. Before High Court Rs. 2,00,00,000/- 3. Before Supreme Court Rs. 5,00,00,000/-
In the present case, the tax effect by the revenue is less than Rs.60,00,000/-. We note that this appeal had been filed by the revenue on 03.07.2024 and since the tax effect is within the monetary limit for filing appeals before Tribunal, in view of the Circular of CBDT (supra) at the first place, Revenue should not have preferred this appeal. In view of the above, we hold that the appeal filed by the Department, against the impugned order of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeal filed by the Department is dismissed in limine.
As a matter of caution, we observe that if the Revenue finds at a later point of time that the tax effect in the appeal is more than Rs.60 lakhs or despite low tax effect, the appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. In the result, the appeal of the revenue is dismissed. 5.
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