ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(2), KOLKATA, AAYAKAR BHAWAN POORVA V. SUCCESS TOURS AND TRAVELS PRIVATE LIMITED, KOLKATA

ITA 2055/KOL/2024

AI Insights

The case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals)-27, Kolkata, concerning Success Tours and Travels Private Limited for the Assessment Year 2016-17. The appeal was filed late by 8 days without any application for condonation of delay. The Revenue's appeal was based on an assessment order framed under section 147 of the Income Tax Act. However, the Tribunal noted that the tax effect was below the monetary threshold set by the CBDT Circular No. 9/2024, which aims to reduce litigation by limiting the circumstances under which appeals can be filed. Consequently, the Tribunal dismissed the appeal, emphasizing adherence to the revised monetary limits.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 46794 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-11-2024
• Assessment Year: 2016-2017
• Appeal Filed On: 03-10-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Condonation of delay; Tax effect
• Section: 147

Judgement Text

"आयकर अपीलीय अधिकरण कोलकाता 'बी' पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA श्री संजय शमाा, न्याधयक सदस्य एवं श्री राक ेश धमश्रा, लेखा सदस्य क े समक्ष Before SONJOY SARMA, JUDICIAL MEMBER & SRI RAKESH MISHRA, ACCOUNTANT MEMBER I.T.A. No.: 2055/KOL/2024 Assessment Year: 2016-17 ACIT, Central Circle-4(2), Kolkata Vs. Success Tours and Travels Private Limited (Appellant) (Respondent) PAN: AALCS5655H Appearances: Department represented by: Roma Chaudhary, JCIT, Sr. DR. Assessee represented by: Miraj D. Shah, AR. Date of concluding the hearing : November 25th, 2024 Date of pronouncing the order : November 27th, 2024 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: The present appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)- 27, Kolkata [hereinafter referred to as ld. 'CIT(A)'] dated 27.07.2024 for AY 2016-17 arising out of the assessment order framed u/s 147 of the Act dated 24.03.2023. It is noticed that the appeal is filed late by 8 days and no application for condonation of delay has been filed. Page | 2 I.T.A. No.: 2055/KOL/2024 Assessment Year: 2016-17 Success Tours and Travels Private Limited. Page 2 of 3 2. At the outset, the Ld. Counsel for the assessee submitted 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 Litigation. The revised monetary limits laid down in para-2 of this Circular are as follows: i) Before Appellate Tribunal Rs. 60,00,000/- ii) Before High Court Rs. 2,00,00,000/- iii) Before Supreme Court Rs. 5,00,00,000/-. 3. 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 03.10.2024 and since the tax effect is within the monetary limit for filing appeals before the Tribunal, in view of the Circular of CBDT (supra) at the first instant, the 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. 4. 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 lakh or despite low tax effect, the appeal of the Revenue is maintainable on account of being covered under any of the exceptions mentioned in the Circular, the Revenue will be at liberty to move this Tribunal for recalling of this order. 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 27th November, 2024. Page | 3 I.T.A. No.: 2055/KOL/2024 Assessment Year: 2016-17 Success Tours and Travels Private Limited. Page 3 of 3 Sd/- Sd/- [Sonjoy Sarma] [Rakesh Mishra] Judicial Member Accountant Member Dated: 27.11.2024 Bidhan (P.S.) Copy of the order forwarded to: 1. ACIT, Central Circle-4(2), Kolkata. 2. Success Tours and Travels Private Limited, 8, Ho Chi Minh Sarani, Bhowanipur, Kolkata, West Bengal, 700071. 3. CIT(A)-27, Kolkata. 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. 6. Guard File. //True copy // By order Assistant Registrar ITAT, Kolkata Benches Kolkata "