DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(2), KOLKATA, AAYAKAR BHAWAN POORVA V. OHM ARTS PRIVATE LIMITED, MUMBAI

ITA 1491/KOL/2024

AI Insights

The case involves an appeal by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals) - 27, Kolkata, dated 05.02.2024 for the Assessment Year 2014-15. The appeal was dismissed by the Income Tax Appellate Tribunal, Kolkata, as the tax effect was less than Rs. 60,00,000, which is the threshold for filing appeals as per the recent CBDT Circular aimed at reducing litigation. The Tribunal noted that the appeal was filed on 08.07.2024, and since the tax effect was within the monetary limit, the appeal was dismissed in limine.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 469667 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 08-07-2024
• 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 “सी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” 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. 1491/Kol/2024 Assessment Year: 2014-15 DCIT, CC-4(2), Kolkata Vs. OHM Arts Pvt. Ltd., Mumbai (PAN: AAACO 8581 B) Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 23.09.2024 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 09.10.2024 For the Appellant/ Ǔनधा[ǐरती कȧ ओर से Shri Akkal Dudhwewala, FCA For the Respondent/ राजèव कȧ ओर से Shri Praveen Kishore, CITDR ORDER / आदेश Per Rajesh Kumar, AM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals) – 27, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 05.02.2024 for the AY 2014-15. 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 and SLP before Supreme Court have been increased as a measure for reducing 2 I.T.A. No.1491/Kol/2024 Assessment Year: 2014-15 OHM Arts Pvt. Ltd. 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 08.07.2024 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 appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. 5. In the result, the appeal of the revenue is dismissed. Order is pronounced in the open court on 9th October, 2024 Sd/- Sd/- (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) (Rajesh Kumar/राजेश क ुमार) Judicial Member/ÛयाǓयक सदèय Accountant Member/लेखा सदèय Dated: 9th October, 2024 SM, Sr. PS 3 I.T.A. No.1491/Kol/2024 Assessment Year: 2014-15 OHM Arts Pvt. Ltd. Copy of the order forwarded to: 1. Appellant- DCIT, Circle-4(2), Kolkata. 2. Respondent – OHM Arts Pvt. Ltd., Premises no. 21, 2nd Floor, Sakhar Bhawan, 230, Nariman Point, Mumbai-400021 3. Ld. Ld. CIT(A)-27, 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 "