ASSISTANT COMMISSIONER OF INCOME TAX, KOLKATA V. MOHIT AGARWAL, KOLKATA

ITA 1169/KOL/2024

AI Insights

This case involves an appeal by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-26, Kolkata, concerning the assessment year 2014-15. The appeal was initially found to be barred by limitation by 15 days; however, the delay was condoned due to bona fide reasons. The core issue arose from the Department's decision to appeal despite the tax effect being below the revised monetary limits set by the CBDT to reduce litigation. The Tribunal dismissed the appeal, emphasizing adherence to the policy decision of the Department regarding the monetary threshold for filing appeals.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 35877 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-10-2024
• Assessment Year: 2014-2015
• Appeal Filed On: 21-05-2024
• Laws Referred To: CBDT Circular No. 9/2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA Įी संजय गग[, ÛयाǓयक सदèय एवं Įी राजेश क ुमार, लेखा सदèय क े सम¢ [Before Shri Sanjay Garg, Judicial Member & Shri Rajesh Kumar, Accountant Member] I.T.A. No. 1169/Kol/2024 Assessment Year: 2014-15 ACIT, Kolkata Vs. Mohit Agarwal (PAN: AJIPA 0589 K) Appellant / (अपीलाथȸ) Respondent / (Ĥ×यथȸ) Date of Hearing / सुनवाई कȧ Ǔतͬथ 07.10.2024 Date of Pronouncement / आदेश उɮघोषणा कȧ Ǔतͬथ 09.10.2024 For the Appellant / Ǔनधा[ǐरती कȧ ओर से Shri Sunil Surana, CA For the Respondent / राजèव कȧ ओर से Shri Abhijit Adhikari, JCIT, Sr. D.R ORDER/ आदेश Per Shri Rajesh Kumar, AM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-26, Kolkata [hereinafter referred to as ‘ Ld. CIT(A)’] dated 07.03.2024 for the assessment year 2014-15. 2. At the outset we note that the appeal is barred by limitation by 15 days.After hearing both the sides and perusing the facts on records we find that the delay is for bonafides reasons and is accordingly condoned. 2 ITA No. 1169/Kol/2024 AY: 2014-15 Mohit Agarwal. 3. 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: 1. 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/- 4. 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 21.05.2024 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. 5. 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. 6. In the result, appeal of the revenue is dismissed. Order is pronounced in the open court on 9th October, 2024 Sd/- Sd/- (Sanjay Garg /संजय गग[) (Rajesh Kumar / राजेश क ुमार) Judicial Member /ÛयाǓयक सदèय Accountant Member / लेखा सदèय Dated: 9th October, 2024 SM, Sr. PS 3 ITA No. 1169/Kol/2024 AY: 2014-15 Mohit Agarwal. Copy of the order forwarded to: 1. Appellant- ACIT, Kolkata 2. Respondent – Mohit Agarwal, 79, Nalini Ranjan Avenue, Kolkata-700053 3. Ld. CIT(A)-26, Kolkata 4. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "