DEPUTY COMMISSIONER OF INCOME TAX, ASANSOL V. COAL MINES AUTHORITY LTDS EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD, ASANSOL

ITA 1286/KOL/2023

AI Insights

The case involves multiple appeals by the revenue against the orders of the CIT(A) for the assessment years 2016-17, 2017-18, 2018-19, and 2020-21 concerning the Coal Mines Authority Ltd's Employees Cooperative Credit Society Ltd. The appeals were consolidated due to common issues and the same party being involved. The Department faced delays in filing the appeals, which were condoned after reviewing the reasons provided. However, upon assessing the monetary value of the tax effect, which was below the threshold set by the recent CBDT circular aimed at reducing litigation, the tribunal dismissed the appeals. The tribunal also noted that if the revenue later finds that the tax effect exceeds Rs. 60 lakhs or if the appeals are otherwise maintainable, they may move the tribunal for recalling this order.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 469637 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 24-11-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; TDS
• Section: 250

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. Nos.1286 to 1289/Kol/2023 Assessment Years: 2016-17, 2017-18,2018-19, 2020-21 DCIT, Asansol……….…..……….…………......………………....Appellant vs. Coal Mines Authority Ltds Employees Cooperative Credit Society Ltd, Asansol……….………..........................…..…..... Respondent Dishergarh, Asansol, Burdwan - 713333. [PAN: AABAC9710D] Appearances by: Shri Susanta Saha & Shri Rajat Datta, Sr. DRs, appeared on behalf of the appellant. None appeared on behalf of the Respondent. Date of concluding the hearing : December 05, 2024 Date of pronouncing the order : December 05, 2024 आदेश / ORDER Per Bench: The captioned appeals have been preferred by the revenue against the separate orders 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’) for A.Ys 2016-17, 2017-18, 2018-19 & 2020-21. Since the issues involved in all these appeals arise are common and related to same party, therefore, these have been heard together and are being disposed of by this common order for the sake of convenience. 2. None appeared on behalf of the assessee despite multiple notices from the registry regarding the hearing of the case. Therefore, we have no other alternative but to decide these appeals ex parte after hearing the submission of the ld. DR and considering the materials on record. I.T.A. Nos.1286 to 1289/Kol/2023 Assessment Years: 2016-17, 2017-18,2018-19, 2020-21 Coal Mines Authority Ltds Employees Cooperative Credit Society Ltd 2 3. At the outset, the ld. DR stated that there were delays of 116, 123, 49 & 49 days in filing the captioned appeals respectively by the revenue. The revenue has submitted applications for condonation of such delays citing valid reasons. After perusing the condonation petitions, we condone the delay in filing these appeals. 4. we note that the tax effect involved in all these appeals filed by the revenue is less than Rs.60,00,000/-. 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. We also note that all the present appeals had been filed by the revenue on 24.11.2023 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 these appeals. In view of the above, we hold that the captioned appeals filed by the Department, against the impugned orders of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeals filed by the Department are 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 these appeals 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 this order. I.T.A. Nos.1286 to 1289/Kol/2023 Assessment Years: 2016-17, 2017-18,2018-19, 2020-21 Coal Mines Authority Ltds Employees Cooperative Credit Society Ltd 3 6. In the result, all the captioned appeals of the revenue are dismissed. Kolkata, the 5th December, 2024. Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 05.12.2024. RS Copy of the order forwarded to: 1. DCIT, Asansol 2. Coal Mines Authority Ltds Employees Cooperative Credit Society Ltd, Asansol 3.CIT (A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches "