DCIT, CIRCLE-5(1), KOLKATA, KOLKATA V. UCO BANK LIMITED, KOLKATA

ITA 288/KOL/2024

AI Insights

The case involves an appeal by the revenue against the order of the National Faceless Appeal Centre (CIT(A)), which was passed under section 250 of the Income Tax Act. The appeal was dismissed due to a significant delay in filing and because the tax effect was below the monetary threshold for filing appeals as per the CBDT Circular dated 17.09.2024. The revenue's appeal was found to be contrary to the Department's policy aimed at reducing litigation by setting monetary limits for appeals.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 28747 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Condonation of delay; Tax effect
• Section: 250

Judgement Text

" आयकर अपीलȣय अͬधकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Sanjay Awasthi, Accountant Member I.T.A. No.288/Kol/2024 Assessment Year: 2013-14 DCIT, Circle-5(1), Kolkata……………..………………………….…..……Appellant vs. UCO Bank Ltd………………..............…..….…..……........……...…..…..Respondent 10 B.T.M. Sarani, BBD Bag, Kol-1. [PAN: AAACU3561B] Appearances by: Shri Sailen Samadder, Addl. CIT-Sr. DR, appeared on behalf of the appellant. Shri Sonu Agarwal, appeared on behalf of the Respondent. Date of concluding the hearing : January 02, 2025 Date of pronouncing the order : January 02, 2025 ORDER Per Sonjoy Sarma, Judicial Member: The present appeal has been preferred by the revenue against the order dated 24.02.2023 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. At the outset, we notice that there is a delay of 294 days in filing the instant appeal. The revenue has submitted an application for condonation of delay citing reasonable grounds. After considering the averments made in the application, we condone the delay. 3. The Ld. AR of the assessee submitted that in the present case, the tax effect by the revenue is less than Rs.60,00,000/-. He further stated 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 I.T.A. No.288/Kol/2024 Assessment Year: 2013-14 UCO Bank Ltd 2 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. We note that this appeal had been filed by the revenue on 13.02.2024 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, the appeal of the revenue is dismissed. Kolkata, the 2nd January, 2025. Sd/- Sd/- [Sanjay Awasthi] [Sonjoy Sarma] Accountant Member Judicial Member Dated: 02.01.2025. RS Copy of the order forwarded to: 1. DCIT, Circle-5(1), Kolkata 2. UCO Bank Ltd 3. CIT(A)- 4. CIT- , 5. CIT(DR), I.T.A. No.288/Kol/2024 Assessment Year: 2013-14 UCO Bank Ltd 3 //True copy// By order Assistant Registrar, Kolkata Benches "