INCOME TAX OFFICER , WARD - 7(1), KOLKATA, KOLKATA V. DAHISAR TRADERS PVT LTD, KOLKATA

ITA 339/KOL/2024

AI Insights

The case involves an appeal by the Income Tax Officer against the order of the Commissioner of Income Tax (Appeals), which had provided relief to Dahisar Traders Pvt. Limited for the Assessment Year 2015-2016. The appeal was dismissed by the Income Tax Appellate Tribunal, Kolkata, on the grounds that the tax effect was below the threshold of Rs. 60,00,000 set by the CBDT Instruction No. 9 of 2024. The Tribunal noted that the appeal could only be maintained if it fell within specific exceptions outlined in the Instruction, which it did not. Consequently, the Cross Objection filed by Dahisar Traders Pvt. Limited was also dismissed as it became irrelevant following the dismissal of the main appeal.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 27037 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 11-11-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 19-02-2024
• Laws Referred To: CBDT Instruction No. 9 of 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

" ITA No. 339/KOL/2024 (A.Y. 2015-2016) & CO No.05/KOL/2024 (in ITA 339/KOL/2024) (A.Y. 2015-2016) Dahisar Traders Pvt. Limited 1 THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC’ BENCH, KOLKATA Before Shri Duvvuru RL Reddy, Vice-President (KZ) I.T.A. No. 339/KOL/2024 Assessment Year: 2015-2016 Income Tax Officer,……………………..…………Appellant Ward-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 -Vs.- Dahisar Traders Pvt. Limited,….…………….Respondent 1, Subham Apartment, 6th Floor, Sarojini Naidu Sarani, Park Street, Kolkata-700017 [PAN: AAECD4722F] & C.O. No. 05/KOL/2024 (arising out of ITA No. 339/KOL/2024) Assessment Year: 2015-2016 Dahisar Traders Pvt. Limited,….…………Cross Objector 1, Subham Apartment, 6th Floor, Sarojini Naidu Sarani, Park Street, Kolkata-700017 [PAN: AAECD4722F] -Vs.- Income Tax Officer,……………………..………Respondent Ward-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: ITA No. 339/KOL/2024 (A.Y. 2015-2016) & CO No.05/KOL/2024 (in ITA 339/KOL/2024) (A.Y. 2015-2016) Dahisar Traders Pvt. Limited 2 Shri Manoj Kataruka, A.R., appeared on behalf of the assessee Shri Manas Mondal, Addl. CIT, D.R., appeared on behalf of the Revenue Date of concluding the hearing: November 11, 2024 Date of pronouncing the order: November 28, 2024 O R D E R The present appeal is directed at the instance of Revenue against the order of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 21st December, 2023 passed for Assessment Year 2015-16. 2. With the assistance of ld. representatives, I have gone through the grounds raised by the Revenue. It is pertinent to note that the tax effect by virtue of relief given by the first appellate authority is less than Rs.60,00,000/-. As per CBDT Instruction bearing No. 9 of 2024 issued on 17th September, 2024, CBDT has directed its subordinate authorities not to challenge the order of ld. CIT(Appeals) before Tribunal if tax effect by virtue of relief given by the ld. CIT(Appeals) is less than Rs.60,00,000/-. Such order could only be challenged if it comes within exceptions provided in the Instruction. Therefore, this case does not fall in any of the exceptions and, this appeal is not maintainable. ITA No. 339/KOL/2024 (A.Y. 2015-2016) & CO No.05/KOL/2024 (in ITA 339/KOL/2024) (A.Y. 2015-2016) Dahisar Traders Pvt. Limited 3 3. On due consideration of the above facts and circumstances, I dismiss this appeal of the Revenue for want of tax effect. However, in case on re-verification of the facts at the end of the Assessing Officer, it comes out that tax effect is more or this case falls in any of the exceptions provided in this Instruction. Then Revenue will be at liberty to file Miscellaneous Application for revival of this appeal. Such application should be filed within the time limit provided in the Act. 4. Since I have dismissed the appeal of the Revenue for want of tax effect, therefore, the Cross Objection filed by the assessee has become infructuous and hence dismissed. 5. In the result, the appeal of the Revenue as well as the Cross Objection by the assessee both are dismissed. Order pronounced in the open Court on 28/11/2024. Sd/- (Duvvuru RL Reddy) Vice-President (KZ) Kolkata, the 28th day of November, 2024 Copies to :(1) Income Tax Officer, Ward-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 ITA No. 339/KOL/2024 (A.Y. 2015-2016) & CO No.05/KOL/2024 (in ITA 339/KOL/2024) (A.Y. 2015-2016) Dahisar Traders Pvt. Limited 4 (2) Dahisar Traders Pvt. Limited, 1, Subham Apartment, 6th Floor, Sarojini Naidu Sarani, Park Street, Kolkata-700017 (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi; (4) CIT - , Kolkata; (5) The Departmental Representative; (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S. "