PCIT Vs Prompt Barter Private Limited (Calcutta High Court)
The Calcutta High Court dismissed the Revenue’s appeal concerning deletion of a Rs.2,73,00,000 addition as unexplained cash credit under Section 68 of the Income Tax Act, 1961, for AY 2012-13. The appeal had been admitted on 17 November 2025 on questions concerning the ITAT’s deletion of the addition and its direction to the Assessing Officer, with the Revenue relying on decisions including Principal Commissioner of Income Tax (Central)-I Vs. NRA Iron & Steel (P) Ltd. and PCIT (Central)-2, Kolkata Vs. M/s. BST Infratech Ltd. The Revenue submitted that the tax effect was Rs.88,57,485, below the prescribed monetary limit under CBDT Circular No.9/2024 dated 17 September 2024 and Circular No.5 of 2024 dated 15 March 2024, but claimed the matter fell within an exceptional category under paragraph 3.1(h) of Circular No.5 of 2024. The Court examined the application, assessment order, Commissioner of Income Tax (Appeals) order and ITAT order dated 11 October 2023. It found that the Revenue had not clearly specified which exceptional clause under paragraph 3.1(h) applied to the appeal. Since the tax effect was below Rs.2 crore, the Court declined to entertain the appeal and dismissed it along with connected application GA/2/2025.
Cases Discussed
- PCIT (Central)-2, Kolkata Vs. M/s. BST Infratech Ltd. (Calcutta High Court), ITAT/67/2024 (IA No.GA/2/2024) dated 23.04.2024
- Principal Commissioner of Income Tax (Central)-I Vs. NRA Iron 86 Steel (P) Ltd. (Supreme Court), (2019) 103 taxmann.com 48/262 Taxman 74/412/1TR 161(SC)
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The Court: The appeal was admitted on 17th November, 2025 on the following questions of law :
“(a) Whether on the facts and in the circumstances in the case, and in law the Learned Income Tax Appellate Tribunal was not justified in law in deleting the addition of Rs.2,73,00,000/-in the form of unexplained cash credit u/s.68 of the Income Tax Act, 1961, without giving due weightage to the unjustified payment of high premium to acquire shares of seemingly un prospective company and doubtful creditworthiness of share subscriber without considering the ratio laid down in the case of Principal Commissioner of Income Tax (Central)-I Vs. NRA Iron 86 Steel (P) Ltd., reported in (2019) 103 taxmann.com 48/262 Taxman 74/412/1TR 161(SC) and in the case of the PCIT (Central)-2, Kolkata Vs. M/s. BST Infratech Ltd. In ITAT/67/2024 (IA No.GA/2/2024) dated 23.04.2024 ?
(b) Whether on the facts and in the circumstances in the case, and in law the Learned Income Tax Appellate Tribunal was not justified in law in granting relief and set-aside the order of Ld. CIT(A) by directing the Assessing Officer to delete the addition without examining the creditworthiness of the capital introducer where the assessee failed to discharge its legal obligation to prove the source of fund of Rs.2,73,00,000/-which is claimed as fresh share capital ?”
Learned counsel for the appellant submits that the tax effect in this case is Rs.88,57,485/- which is below the tax limit as prescribed in the CBDT Circular No. 9/2024 dated 17th September, 2024 and Circular No. 5 of 2024 dated 15th March, 2024 but the case falls within the exceptional category under para 3.1(h) as per CBDT Circular No.5 of 2024 dated 15th March, 2024.
We have perused the application, the assessment order, appellate order of the learned Commissioner of Income Tax and the order of the learned Tribunal dated 11.10.2023 for the Assessment Year 2012-2013. We do not find any reason to entertain this appeal where the appellant has not clearly suggested which exceptional clause as read in para 3.1(h) as per CBDT Circular No.5 of 2024 dated 15th March, 2024 is applicable in the present appeal. As such, this appeal and the connected application being GA/2/2025 are dismissed as the tax effect in this matter is below Rs. 2 crores.
