DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. ORIENTAL CARBON AND CHEMICALS LIMITED, KOLKATA

PDF · subscribers
ITA 1140/KOL/2023Status: DisposedITAT Kolkata03 October 2024AY 2019-20Bench: Shri Rajpal Yadav, Vice-President (KZ), Dr. Manish Borad (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 dismissed the appeal as not maintainable, citing CBDT Instruction No. 9 of 2024 which directs subordinate authorities not to challenge orders with a tax effect below Rs. 60,00,000/-.

What were the facts?

The Revenue preferred an appeal against the CIT(A)'s order for AY 2019-20. The tax effect of the relief granted by the CIT(A) was less than Rs. 60,00,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the threshold stipulated by CBDT instructions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Dr. Manish Borad

order : October 03, 2024 O R D E R Per Dr. Manish Borad, Accountant Member:- This appeal is preferred by the Revenue against the orders of ld. Commissioner of Income Tax (Appeals) dated 1st August, 2022 for assessment year 2019-20.

2.

With the assistance of ld. representatives, we have gone through the grounds raised

1.

by the Revenue. It is 1. Assessment Year: 2019-2020 Oriental Carbon And Chemicals Limtied 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, this case does not fall in any of the exceptions and, this appeal is not maintainable.

3.

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

Recent GST High Court judgments

Search GST case law →