ITO WD-2(1), KOLKATA V. RASHI IMPEX (P) LTD, KOLKATA

ITA 2075/KOL/2024

AI Insights

This case involves an appeal by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-21, Kolkata, concerning the assessment year 2010-11. The appeal was dismissed as the tax effect was less than Rs. 60,00,000, which is the threshold for filing appeals as per the CBDT Circular No. 9/2024 aimed at reducing litigation. The court noted that the appeal was filed on 07.10.2024, and since the tax effect was within the monetary limit, the appeal was not maintainable under the current policy.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 35947 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• 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 “बी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA Įी Ĥदȣप क ुमार चौबे, ÛयाǓयक सदèय एवं Įी संजय अवèथी, लेखा सटèय क े सम¢ [Before Shri Pradip Kumar Choubey, Judicial Member &Shri Sanjay Awasthi, Accountant Member] I.T.A. No. 2075/Kol/2024 Assessment Year: 2010-11 ITO, Ward-2(1), Kolkata Vs. Rashi Impex Pvt. Ltd. (PAN: AABCR 4596 G) Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 04.02.2025 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 11.02.2025 For the assessee / Ǔनधा[ǐरती कȧ ओर से Shri S. Jhajharia, A.R For the revenue / राजèव कȧ ओर से Shri Pradip Kumar Mondal, CIT DR ORDER / आदेश Per Pradip Kumar Choubey, JM: This is an appeal preferred by the revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-21, Kolkata (hereinafter referred to as the “Ld. CIT(A)”] dated 20.06.2024 for the AY 2010-11. 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 2 I.T.A. No.2075/Kol/2024 Assessment Year: 2010-11 Rashi Impex Pvt. Ltd. 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/- 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 07.10.2024 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. In the result, the appeal of the revenue is dismissed. Order is pronounced in the open court on 11th February, 2025 Sd/- Sd/- (Sanjay Awasthy/संजय अवèथी) (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) Accountant Member/लेखा सदèय Judicial Member/ÛयाǓयक सदèय Dated: 11th February, 2025 SM, Sr. PS 3 I.T.A. No.2075/Kol/2024 Assessment Year: 2010-11 Rashi Impex Pvt. Ltd. Copy of the order forwarded to: 1. Appellant- ITO, Ward-2(1), Kolkata 2. Respondent – Rashi Impex Pvt. Ltd., 2A, Ganesh Chandra Avenue, Room No. 4, Kolkata-700013 3. Ld. CIT(A)-21, Kolkata 4. Ld. Pr. CIT- Central-1, Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "