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ACIT, Kolkata Vs. Mohit Agarwal

Case No: I.T.A. No. 1169/Kol/2024
Court: Income Tax Appellate Tribunal 'B' Bench, Kolkata
Date: 9 Oct 2024

Parties Involved

appellantACIT, Kolkata
respondentMohit Agarwal

Facts Summary

This is an appeal preferred by the revenue against the order of the Commissioner of Income Tax (Appeals)-26, Kolkata dated 07.03.2024 for the assessment year 2014-15. The appeal is barred by limitation by 15 days, but the delay is condoned due to bonafide reasons. The Ld. Counsel for the assessee submitted that the CBDT has issued a Circular No. 9/2024 dated 17.09.2024, increasing the monetary limits for filing appeals. The tax effect in the present case is less than Rs.60,00,000/-, which is within the monetary limit for filing appeals before the Tribunal. Therefore, the revenue's appeal is contrary to the policy decision of the Department.…

Decision in favour of

Revenue

Legal Issues

  • 1. Whether the appeal is barred by limitation.
  • 2. Whether the appeal is maintainable considering the monetary limit set by the CBDT Circular.

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

1 precedent cited in this judgement.

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