MANGALVANI EXPORTS PVT LTD,KOLKATA V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA

CO 22/KOL/2024

AI Insights

The case involves an appeal by the revenue against an order from the National Faceless Appeal Centre (CIT(A)), and a corresponding cross-objection by Mangalvani Exports Pvt. Ltd. for the assessment year 2019-20. The primary contention was whether the tax effect involved in the appeals met the monetary threshold for filing as stipulated by the CBDT. The revenue acknowledged the tax effect was below the threshold 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 cross-objection.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 39599 (ITAT-KOLKATA)
• Appeal Type: Cross Objection
• Pronouncement Date: 12-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2019-2020
• Laws Referred To: CBDT Circular No. 09/2024, CBDT Circular No.17/2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 13

Judgement Text

" आयकर अपीलȣय अͬधकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. No.1105/Kol/2024 Assessment Year: 2019-20 DCIT, Central Circle-3(1), Kolkata ………………………………….…..……Appellant vs. Mangalvani Exports Pvt. Ltd..………………...........……........……...…..…..Respondent 207, Second Floor, 13 Punar Nawa, B.B. Ganguly Street, Bowbazar, Kol-700012. [PAN: AAHCM8117A] C.O. No.22/Kol/2024 (Arising out of I.T.A. No.1105/Kol/2024) Assessment Year: 2019-20 Mangalvani Exports Pvt. Ltd ………………………………………..….…..Cross-Objector 207, Second Floor, 13 Punar Nawa, B.B. Ganguly Street, Bowbazar, Kol-700012. [PAN: AAHCM8117A] vs. DCIT, Central Circle-3(1), Kolkata.................................……........……...…..…..Respondent Appearances by: Shri S. Jhajharia, AR, appeared on behalf of the assessee. Shri Dheeraj, Sr. DR, appeared on behalf of the Revenue. Date of concluding the hearing : February 12, 2024 Date of pronouncing the order : February 12, 2024 ORDER Per Sonjoy Sarma, Judicial Member: The revenue has filed an appeal against the order dated 18.01.2024 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 2019-20. 2. At the outset, the ld. AR contended that the present appeal filed by the revenue relates to assessment year 2019-20, 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 I.T.A. No.1105/Kol/2024 & C.O. No.22/Kol/2024 Mangalvani Exports Pvt. Ltd 2 before the Tribunal. The ld. counsel argues that as per CBDT Circular 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.22/Kol/2024 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 12th February, 2025. Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 12.02.2025. RS I.T.A. No.1105/Kol/2024 & C.O. No.22/Kol/2024 Mangalvani Exports Pvt. Ltd 3 Copy of the order forwarded to: 1. DCIT, Central Circle-3(1), Kolkata 2. Mangalvani Exports Pvt. Ltd 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches "