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Facts
The Revenue filed two appeals against the CIT(A)'s order for assessment years 2012-2013 & 2014-2015. The tribunal observed that the tax effect involved in both appeals was below the monetary limit prescribed by CBDT Circular No. 5/2024, dated 15.03.2024. The Department contended that the case fell within paragraph 3.1(f) of the said Circular.
Held
The tribunal held that the appeals were not maintainable as the tax effect was below the monetary threshold prescribed by the CBDT Circular. Upon examination, the tribunal found that the issue did not fall under any of the exceptions provided in the Circular, thus rejecting the Department's contention.
Key Issues
Whether the appeals filed by the Revenue were maintainable given the monetary limit prescribed by CBDT Circular No. 5/2024 and if the case fell under any exceptions to this circular.
Sections Cited
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Income Tax Appellate Tribunal, “SMC” BENCH, KOLKATA
Before: SHRI SONJOY SARMA & SHRI SANJAY AWASTHI
O R D E R Per Bench: These two appeals filed by the revenue are directed against the order passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, both dated 07.07.2025 pertaining to assessment year 2012-2013 & 2014- 2015.
At the time of hearing, it is found that the instant appeals filed by the Revenue are not maintainable in view of the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) vide Circular No. 5/2024 dated 15.03.2024. On perusal of the records and after hearing the submissions of the learned Departmental Representative, it is observed that the tax effect involved in both the appeals is below the monetary threshold prescribed by the aforesaid CBDT Circular. On the other hand, the Department has contended that the case falls within paragraph 3.1(f) of the said Circular; however, on examination, we find that the issue involved does not fall under 2 ITANo.2034&2035/Kol/2025 any of the exceptions provided therein. Accordingly, the contention of the Department is found to be incorrect.
In view of the above facts and in conformity with the CBDT Circulars No. 5/2024, we hold that both appeals filed by the Revenue are not maintainable, being below the prescribed monetary limit. Accordingly, the appeals stand dismissed. 4. In the result, both appeals filed by the Revenue are dismissed.