DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. ADITYA VIKRAM LAKHOTIA, HOWRAH

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ITA 1691/KOL/2024Status: DisposedITAT Kolkata03 October 2024AY 2013-14Bench: SRI SANJAY GARG, JUDICIAL MEMBER & SRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No.: 1691/KOL/2024 Assessment Year: 2013-14 Income Tax Officer, Ward-5(1), Kolkata ………. Appellant Vs. Aditya Vikram Lakhotia ......... Respondent 241/16, G. T. Road (n), Liluah, West Bengal-711204. [PAN: AAVPL7669K] Appearances: Appellant represented by : Sm. Archana Gupta, Addl. CIT, DR Respondent represented by : Shri Miraj D. Shah, SR Date of concluding the hearing : October 3rd, 2024 Date of pronouncing the 2 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 filed by the Revenue. This was based on the CBDT's Circular No. 09/2024, which sets monetary limits for filing appeals.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect on the disputed additions was found to be less than Rs. 60 lakh.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SRI SANJAY GARG & SRI SANJAY AWASTHI

For Respondent: Shri Miraj D. Shah, SR

Date of concluding the hearing : October 3rd, 2024 Date of pronouncing the order : October 3rd, 2024 ORDER

Per Sanjay Awasthi, Accountant Member:

1.

The present appeal filed by the Revenue is directed against the order dated 20.05.2024 of the Commissioner of Income Tax (Appeals), Kolkata-21 [hereinafter referred to as ld. 'CIT(A)'].

2.

It is seen, at the outset, that the tax effect on the disputed additions before us is less than Rs. 60 lakh as prescribed in the CBDT’s latest I.T.A. No.: 1691/KOL/2024 Assessment Year: 2013-14 Aditya Vikaram Lakhotia Circular No. 09/2024 dated 17.09.2024 for filing appeals by the Revenue before this Tribunal. 2.1. This circular prescribes that the revised monetary limits shall apply retrospectively to pending appeals as well.

3.

The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit.

4.

In view of above stated position, the appeal of the Revenue is dismissed u/s 268A of the Act because of low tax effect than the prescribed limits as per CBDT Circular No. 09/2024 (supra).

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