ASSISTANT COMMISSIONER OF INCOME CIRCLE 1 KALYAN, KALYAN WEST vs. NAIR VEERATH GOPALAN, KALYAN EAST
Before: SHRI NARENDER KUMAR CHOUDHRYAssessment Year: 2006-07
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Revenue Department against the order dated 31.05.2023, impugned herein, passed by the National
Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax
(Appeals) (in short Ld. Commissioner) under section 250 of the Income
Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2006-07. 2. It appears from para 8 of the assessment order that the case of the Assessee was reopened u/s 147 of the Act on the audit objection and the tax effect involved in the instant case is Rs.4,00,443/- only which is below
Shri Nair Veerath Gopalan
2
than the prescribed limit of Rs.60,00,000/- for filing an appeal before the Tribunal as per latest circular No.9/2024. However, the Ld. D.R. has submitted that the cases on the basis of audit objection falls under exception and therefore the latest circular No.9/2024 is not applicable.
This Court has perused the latest circular No.09/2024 dated 17.09.2024 along with circular No.5/2024 dated 15.03.2024 and observe that now the cases where the tax effect is lower than the prescribed limit as per said circular and the cases were reopened on the basis of audit objection, have been removed from the exception for filing of appeal even in the cases where the tax effect is low.
Considering the aforesaid facts and circumstances, the appeal filed by the Revenue Department is dismissed as withdrawn being not maintainable, however, with liberty to the Revenue Department to seek recalling of this order, in case of finding any judgment of the superior court, contrary.
Order pronounced in the open court on 10.01.2025. (NARENDER KUMAR CHOUDHRY)
JUDICIAL MEMBER
* Kishore, Sr. P.S.
Copy to: The Appellant
The Respondent
The CIT, Concerned, Mumbai
The DR Concerned Bench
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By Order
Dy/Asstt.