ASSISTANT COMMISSIONER OF INCOME TAX, KOLKATA V. PUSHPAK INFRASTRUCTURE PRIVATE LIMITED, KOLKATA

ITA 2164/KOL/2024

AI Insights

The case involves appeals by the revenue against the orders of the Ld. Commissioner of Income Tax (Appeals)-26, Kolkata, concerning the assessment years 2014-15 and 2015-16. The revenue challenged the orders dated 27.08.2024. However, the appeals were dismissed based on the CBDT Circular No. 9/2024, which revised the monetary limits for filing appeals to reduce litigation. The Tribunal noted that the tax effect in this case was below the stipulated limit of Rs. 60,00,000 for appeals to the Appellate Tribunal, leading to the dismissal of the appeals.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 36492 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• 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 “ए’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA Įी राजेश क ुमार, लेखा सटèय एवं Įी Ĥदȣप क ुमार चौबे, ÛयाǓयक सदèय क े सम¢ [Before Shri Rajesh Kumar, Accountant Member &Shri Pradip Kumar Choubey, Judicial Member] I.T.A. Nos. 2163 & 2164/Kol/2024 Assessment Years: 2014-15 & 2015-16 ACIT, Kolkata Vs. Pushpak Infrastructure Pvt. Ltd. (PAN: AADCP 6166 E) Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 01.01.2025 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 23.01.2025 For the assessee / Ǔनधा[ǐरती कȧ ओर से None For the revenue / राजèव कȧ ओर से Shri Sanjay Mukherjee, CITDR ORDER / आदेश Per Pradip Kumar Choubey, JM: These are the appeals preferred by the revenue against the separate orders of the Ld. Commissioner of Income Tax (Appeals)-26, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 27.08.2024 for the AY 2014-15 & 2015-16. 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 2 I.T.A. Nos.2163 & 2164/Kol/2024 Assessment Years: 2014-15 & 2015-16 Pushpak Infrastructure Pvt. Ltd. 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/- 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 28.10.2024 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. 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 lakhs or despite low tax effect, the appeals of the revenue are maintainable, the revenue is at liberty to move this Tribunal for recalling of these orders. In the result, both the appeals of the revenue are dismissed. Order is pronounced in the open court on 23rd January, 2025 Sd/- Sd/- (Rajesh Kumar/राजेश क ुमार) (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) Accountant Member/लेखा सदèय Judicial Member/ÛयाǓयक सदèय Dated: 23rd January, 2025 SM, Sr. PS 3 I.T.A. Nos.2163 & 2164/Kol/2024 Assessment Years: 2014-15 & 2015-16 Pushpak Infrastructure Pvt. Ltd. Copy of the order forwarded to: 1. Appellant- ACIT, Kolkata 2. Respondent – Pushpak Infrastructure Pvt. Ltd., 101, Siddha Point, Park Street, Kolkata-700016 3. Ld. CIT(A)-26, Kolkata 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "