HARISH BHARGAVA,KOLKATA V. ITO, WARD-62(1), KOLKATA

CO 1/KOL/2025

AI Insights

The case involves an appeal by the Income Tax Officer (ITO), Ward-62(1), Kolkata against Harish Bhargava, concerning the assessment year 2018-19. The appeal was based on an order from the National Faceless Appeal Centre (CIT(A)), dated 25.09.2024. Both parties presented their arguments regarding the applicability of the CBDT Circulars which set monetary limits for filing appeals. The revenue acknowledged that the tax effect was below the prescribed limit but suggested the appeal might have been filed erroneously. The tribunal found no exceptions that would allow the appeal to proceed despite the low tax effect, leading to the dismissal of both the appeal and the corresponding cross-objection.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 39597 (ITAT-KOLKATA)
• Appeal Type: Cross Objection
• Pronouncement Date: 11-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Laws Referred To: CBDT Circular No. 09/2024, CBDT Circular No. 17/2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

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. No.2334/Kol/2024 Assessment Year: 2018-19 ITO, Ward-62(1), Kolkata …………………………………………….…..……Appellant vs. Harish Bhargava………………………………...........……........……...…..…..Respondent Flat No.A1, 118 Canal Street, Sreebhumi, Kolkata-700048. [PAN: AECPB7304L] C.O. No.1/Kol/2025 (Arising out of I.T.A. No.2334/Kol/2024 Assessment Year: 2018-19 Harish Bhargava ……………………………………………………..….…..Cross-Objector Flat No.A1, 118 Canal Street, Sreebhumi, Kolkata-700048. [PAN: AECPB7304L] vs. ITO, Ward-62(1), Kolkata................................................……........……...…..…..Respondent Appearances by: Shri Vinod Jain, AR, appeared on behalf of the assessee. Shri Manas Mondal, Addl. CIT- DR, appeared on behalf of the Revenue. Date of concluding the hearing : February 10, 2024 Date of pronouncing the order : February 11, 2024 ORDER Per Sonjoy Sarma, Judicial Member: The revenue has filed an appeal against the order dated 25.09.2024 by the National Faceless Appeal Centre [hereinafter referred to as the ‘CIT(A)’] and the assessee has filed the corresponding cross- objection relating to assessment year 2018-19. 2. At the outset, the ld. AR contended that the present appeal filed by the revenue relates to assessment year 2018-19, where the tax effect involved is below Rs.60 lacs, the prescribed monetary limit fixed by the CBDT vide Circular No. 09/2024 dated 17/09/2024 for filing appeals before the Tribunal. The ld. counsel argues that as per CBDT Circular I.T.A. No.2334/Kol/2024 & C.O. No.1/Kol/2025 Harish Bhargava 2 No.17/2019 dated 08.08.2019, appeals with tax effect below Rs.50 lacs was subsequently enhanced to Rs.60 lacs by the latest circular issued by the CBDT. The present appeals should not be perused before Tribunal and may be dismissed on the ground of low tax effect. 3. On the other hand, the ld. DR acknowledged that the tax effect involved in the present appeals are below the prescribed limit. However, the ld. DR submitted that the appeal may have been filed erroneously. 4. We, after hearing both the parties and reviewing the material on record, find that the tax effect is involved in this appeal, which is below Rs.60 lacs, the prescribed monetary threshold under the CBDT for filing appeals before the Tribunal. There is no indication that the revenue’s appeal falls within any of the exceptions outlined in the CBDT’s circular. In the light of the above, the appeal filed by the revenue is not maintainable and liable to be dismissed as per the guidelines of the CBDT Circular of 2024, the consequential cross-objection i.e. C.O No.1/Kol/2025 filed by the assessee is rendered infructuous and is also dismissed. The present appeal of the revenue is dismissed due to low tax effect and the corresponding cross-objection filed by the assessee is also dismissed as infructuous. 5. In the result, the appeal filed by the revenue is dismissed and cross-objection filed by the assessee is also dismissed. Kolkata, the 11th February, 2025. Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 11.02.2025. RS I.T.A. No.2334/Kol/2024 & C.O. No.1/Kol/2025 Harish Bhargava 3 Copy of the order forwarded to: 1. ITO, Ward-62(1), Kolkata 2. Harish Bhargava 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches "