ITO, WD-43(4), KOLKATA, Kolkata V. Sri Ritesh Kumar Boyed, Kolkata

ITA 1079/KOL/2015

AI Insights

The case involves an appeal by the Income Tax Officer, Ward-43(4), Kolkata against Ritesh Kumar Boyed concerning the assessment year 2007-08. The appeal was directed against the order of the Commissioner of Income Tax (Appeals)-13, Kolkata, which was passed under section 250 of the Income Tax Act. The primary contention in the appeal was the tax effect on the disputed additions, which was found to be less than Rs. 50 lakhs, the threshold set by the CBDT's Circular No.17/2019. Both parties acknowledged the monetary limit, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 128229 (ITAT-KOLKATA)
• Duration Of Justice: 7 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-04-2023
• Assessment Year: 2007-2008
• Appeal Filed On: 06-08-2015
• Other Referred Cases: Commissioner of Customs vs. Indian Oil Corporation Ltd
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 250

Judgement Text

आयकर अपीलȣय अͬधकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Įी संजय गग[, ÛयाǓयक सदèय एवं Įी ͬगरȣश अĒवाल, लेखा सदèय के सम¢ Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.1079/Kol/2015 Assessment Year: 2007-08 ITO, Ward-43(4), Kolkata.................................................. Appellant vs. Ritesh Kumar Boyed......................................................... Respondent 108/110, B.T. Road, Kolkata-700108. [PAN: AEAPB7186C] Appearances by: Shri Siddharth Agarwal, Adv., appeared on behalf of the appellant. Shri P. P. Barman, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : April 19, 2023 Date of pronouncing the order : April 19, 2023 आदेश / ORDER संजय गग[, ÛयाǓयक सदèय ɮवारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the revenue against the order dated 19.05.2015 of the Commissioner of Income Tax (Appeals)- 13, Kolkata [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. It is seen, at the outset, that the tax effect on the disputed additions before us is less than Rs.50 lacs as the prescribed in the CBDT’s latest Circular No.17/2019 dated 08.08.2019. It will be pertinent to reproduce the relevant portion of the said Circular as follows:- “2 . As a step toward further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income- tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: I.T.A. No.1079/Kol/2015 Assessment Year: 2007-08 Ritesh Kumar Boyed 2 S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 2.1 We find that intention behind the Circular No.17/2019 dated 08.08.2019 needs to be understood in the following perspective:- 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-à-vis where composite order for more than one assessment year is passed, para 5 of the circular is substituted by the following para: “5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. if, the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No. appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessments year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately.” 2.2. On perusal of the Circular No.17/2019 dated 08.08.2019 and the materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. I.T.A. No.1079/Kol/2015 Assessment Year: 2007-08 Ritesh Kumar Boyed 3 3. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. 4. In view of above stated position, the appeal of the Revenue is dismissed because of low tax effect than the prescribed limits as per CBDT Circular No.17/2019 (supra). Kolkata, the 19 th April, 2023. Sd/- Sd/- [ͬगरȣश अĒवाल /Girish Agrawal] [संजय गग[ /Sanjay Garg] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 19.04.2023. RS Copy of the order forwarded to: 1. ITO, Ward-43(4), Kolkata 2. Ritesh Kumar Boyed 3. CIT (A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches