INCOME TAX OFFICER, WARD 1(2), JALGAON, JALGAON vs. YOUSUF ABDUL SATTAR POCHI, JOSHI PETH

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ITA 2126/PUN/2024Status: DisposedITAT Pune06 February 2025AY 2017-18Bench: DR.MANISH BORAD (Accountant Member)3 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that as per CBDT Circular No. 09 of 2024, appeals with a tax effect not exceeding Rs. 60.00 lakh should not be filed. Therefore, the appeal is dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting an addition of Rs. 12.82 lakh made by the AO under section 69A. The disputed tax effect was Rs. 10,14,491/-, which is less than Rs. 60.00 lakh.

What were the issues?

Whether the appeal is maintainable before the ITAT given that the tax effect is below the monetary limit prescribed by the CBDT Circular.

Which sections of the Income-tax Act were involved?

Section 250,Section 147,Section 144B,Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCHES “SMC”, PUNE

Before: DR.MANISH BORAD

For Appellant: Shri Vinay Kawdia
For Respondent: Shri Sanjay K. Dhivare
Hearing: 06.02.2025

Assessee by : Shri Vinay Kawdia (Through Virtual) Revenue by : Shri Sanjay K. Dhivare Date of hearing : 06.02.2025 Date of pronouncement : 06. 02.2025 आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

The captioned appeal pertaining to Assessment Year 2017- 18 at the instance of Revenue is directed against the order dated 14.08.2024 passed by National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) which in turn is arising out of Assessment Order dated 03.04.2023 passed u/s.147 r.w.s.144B of the Act.

2.

At the outset, I find the Revenue has filed the instant appeal against the order of ld. CIT(A) deleting the addition of Rs.12.82 lakh made by the AO as unexplained investment u/s.69A of the Act. The Ld. Departmental Representative (DR) could not controvert the fact that addition made by the AO is Rs 12.82 lakh and the disputed tax reported as per Form 36 is Rs.10,14,491/- which is less than Rs.60.00 lakh. Yousuf Absul Sattar Pochi

3.

The CBDT vide Circular No.09 of 2024 dated 17.09.2024 has increased the monetary limit for filing the appeal by the Revenue before the ITAT to Rs. 60 Lakhs. In the said circular, it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 60.00 lakh appeals should not be filed. Thus, taking note of CBDT Circular No. 09 of 2024 dated 17.09.2024 and considering the fact that the tax effect in the instant appeal is less than Rs. 60.00 lakh, the present appeal deserves to be dismissed as withdrawn / not maintainable. However, I make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, I also make it clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so advised. Accordingly, in the light of CBDT circular No. 09 of 2024 dated 17.09.2024, this appeal stands dismissed.

4.

In the result, the appeal of the Revenue is dismissed.

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