DCIT CC-1(4), KOLKATA V. SHRIMARC MALL LLP, KOLKATA

ITA 1436/KOL/2024

AI Insights

This case involves an appeal by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-20, Kolkata, concerning the assessment year 2021-22. The appeal was filed after a delay of 37 days, for which a condonation petition was submitted and accepted. However, the core issue was the monetary limit for filing appeals, as stipulated by the CBDT Circular No. 9/2024, which raised the threshold for filing appeals to reduce litigation. The tax effect in this case was less than Rs. 60,00,000, the minimum required for filing an appeal with the Tribunal. Consequently, the Tribunal dismissed the appeal, noting that it was not maintainable under the revised monetary limits.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 35906 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-11-2024
• Assessment Year: 2021-2022
• Appeal Filed On: 27-06-2024
• 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 “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. No. 1436/Kol/2024 Assessment Year: 2021-22 DCIT, CC-1(4), Kolkata Vs. Shrimarc Mall LLP (PAN: ACKFS 3416 J) Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 25.11.2024 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 05.12.2024 For the assessee / Ǔनधा[ǐरती कȧ ओर से Shri Siddharth Agarwal, Advocate For the revenue / राजèव कȧ ओर से Shri Pradip Kumar Biswas, Addl. CIT ORDER / आदेश Per Pradip Kumar Choubey, JM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-20, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 22.03.2024 for the AY 2021-22. 2. As it appears from the record that the appeal has been filed after a delay of 37 days. For this the Department has filed condonation petition which is as follows: 2 I.T.A. No.1436/Kol/2024 Assessment Year: 2021-22 Shrimarc Mall LLP 3 I.T.A. No.1436/Kol/2024 Assessment Year: 2021-22 Shrimarc Mall LLP 3. The Ld. Counsel on behalf of the assessee did not raise any objection in condoning the delay. Keeping in view, the facts stated in the condonation petition, delay is hereby condoned. 4. 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 4 I.T.A. No.1436/Kol/2024 Assessment Year: 2021-22 Shrimarc Mall LLP 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/- 5. 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 28.06.2024 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. 6. 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. In the result, the appeal of the revenue is dismissed. Order is pronounced in the open court on 5th December, 2024 Sd/- Sd/- (Rajesh Kumar/राजेश क ुमार) (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) Accountant Member/लेखा सदèय Judicial Member/ÛयाǓयक सदèय Dated: 5th December, 2024 SM, Sr. PS 5 I.T.A. No.1436/Kol/2024 Assessment Year: 2021-22 Shrimarc Mall LLP Copy of the order forwarded to: 1. Appellant- DCIT, CC-1(4), Kolkata 2. Respondent – Shrimarc Mall LLP, 686, Shrachi Tower, Annandpur E. M. Byepass, Kolkata-700107. 3. Ld. CIT(A)-20, Kolkata 4. Ld. Pr. CIT- Central-1, Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "