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Facts
The revenue filed appeals challenging an order passed by the NFAC/CIT(A). During the hearing, it was brought to the notice of the bench that the tax effect in these appeals was below Rs. 60 lakhs and covered by a CBDT Circular.
Held
The Tribunal held that as per CBDT Circular dated 17.09.2024, no appeal shall be filed by the revenue before the Tribunal where the tax effect is below Rs. 60 lakhs, and this circular is applicable to pending cases. Therefore, the revenue's appeals were dismissed.
Key Issues
Whether the revenue's appeal is maintainable in light of the low tax effect and applicability of the CBDT Circular?
Sections Cited
250
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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: HON’BLE SHRI SANDEEP GOSAIN
ORDER Per: SHRI. SANDEEP GOSAIN, J.M.:
The present appeals have been filed by the revenue challenging the impugned order dt. 28.11.2024 passed under section 250 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre (NFAC) / CIT(A) for the assessment year 2013-14.
At the time of hearing, it was brought to the notice of the bench, that the tax effect in these appeals are below Rs.60 lakhs and is covered by the CBDT Circular No. 09/2024 dated 17.09.2024. The Ld.DR has accepted the & 615/Mum/2025 Calculus Properties Pvt Ltd, Mumbai. low tax effect aspects and applicability of CBDT circular. We find as per the CBDT Circular dated 17.09.2024, no appeal shall be filed by the revenue before the Hon’ble Tribunal where the tax effect is below Rs 60 lakhs. Further the circular of the CBDT is also applicable to the pending cases. Accordingly, we dismiss the revenue appeal on maintainability and low tax effect.
In case, if the revenue is able to provide evidence that the case falls under any of the exceptions provided in the circular issued by the CBDT. The revenue may prefer miscellaneous application for recalling of this order, if they so desire, in which circumstances, this order shall be recalled by the Hon’ble Tribunal.
In the result both the appeals filed by the revenue stands dismissed.
Order pronounced in the open court on 04/08/2025.