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Facts
The revenue filed an appeal against an order of the CIT(A) dated 26.09.2017 for the assessment year 1992-93. The tax effect of the relief granted by the CIT(A) was less than Rs. 60,00,000/-.
Held
The Tribunal dismissed the revenue's appeal as not maintainable, citing CBDT Instruction No. 9 of 2024, which sets a monetary threshold of Rs. 60,00,000/- for challenging CIT(A) orders before the Tribunal. Since the appeal did not fall under any specified exceptions, it was dismissed for low tax effect, with liberty for the revenue to file a Miscellaneous Application for revival if facts change.
Key Issues
Whether the revenue's appeal is maintainable before the Income Tax Appellate Tribunal when the tax effect is below the monetary threshold prescribed by CBDT instructions.
Sections Cited
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Income Tax Appellate Tribunal, “A” BENCH, KOLKATA
Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI RAJESH KUMAR
O R D E R
Per Rajesh Kumar, AM :
This is an appeal filed by the revenue against the order dated 26.09.2017, passed by the ld. CIT(A)-22, Kolkata, for the assessment year 1992-93.
With the assistance of ld Sr.DR, we have gone through the grounds raised by the Revenue. It is pertinent to note that the tax effect by virtue of relief given by the first appellate authority is less than Rs.60,00,000/-. As per CBDT Instruction bearing No. 9 of 2024 issued on 17th September, 2024, CBDT has directed its subordinate authorities not to challenge the order of ld. CIT(Appeals) before Tribunal if tax effect by virtue of relief given by the ld. CIT(Appeals) is less than Rs.60,00,000/-. Such order could only be challenged if it comes within exceptions provided in the Instruction. Therefore, the present appeal of the revenue does not fall in any of the exceptions and, this appeal is not maintainable.