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Facts
The appellant filed an appeal against an order by the PCIT, Mumbai-17, which granted approval under Section 10(25)(iv) of the Income Tax Act, 1961, with an effective date later than what the assessee had requested.
Held
The Tribunal found that Section 253 of the Income Tax Act does not provide a right to appeal against orders passed under Section 10(25)(iv). The assessee's counsel could not demonstrate the maintainability of the appeal.
Key Issues
Whether an order passed by the PCIT granting approval under Section 10(25)(iv) of the Income Tax Act is appealable before the Income Tax Appellate Tribunal.
Sections Cited
10(25)(iv), 253
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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, VP & SHRI N.K. BILLAIYA, AM Shri Gautam Ghokhale
Date of Hearing : 16.06.2025 Date of Pronouncement : 16.06.2025 O R D E R Per Saktijit Dey, VP: The present appeal has been filed against an order dated 18.02.2025 passed by learned Principal Commissioner of Income Tax (PCIT), Mumbai-17 granting approval under Section (u/s.) 10(25)(iv) of the Income Tax Act, 1961 (hereinafter called the ‘Act’) w.e.f. 17.04.2023 as against assessee’s request to grant such approval respectively w.e.f. 31.08.1984.
At the outset, parties were heard on the preliminary issue of maintainability of the appeal before the Tribunal. On careful perusal of Section 253 of the Act, we were unable to locate any provision vesting right to appeal against an order passed u/s. 10(25)(iv) of the Act. On a specific query being made, learned counsel appearing for the assessee could not provide any satisfactory reply regarding maintainability of the present appeal before the Tribunal. Since, the order appealed against is not an appealable order before the Tribunal in terms with Section 253 of the Act, we decline to entertain the present appeal.
In the result, appeal is dismissed.