VINOD RAMCHANDRA JADHAV,PUNE vs. DCIT, CC-2(1), PUNE, PUNE

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ITA 2146/PUN/2024Status: DisposedITAT Pune24 January 2025Bench: SHRI RAMA KANTA PANDA (Vice President), MS. ASTHA CHANDRA (Judicial Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal, holding it not maintainable due to the tax effect being below Rs. 60 lakhs as per the CBDT Circular. The Assessee's appeal was also dismissed as not pressed by their counsel.

What were the facts?

Cross-appeals were filed by the Revenue and the Assessee for Assessment Year 2011-2012. The Assessee contended that the Revenue's appeal was not maintainable as the tax effect involved was below Rs. 60 lakhs, as per CBDT Circular No.F.No.279/Misc./M-74/2024-ITJ dated 17.09.2024. The Assessee also expressed no desire to press their own appeal.

What were the issues?

Whether the cross-appeals were maintainable before the Tribunal, given the tax effect limits prescribed by a CBDT Circular for pending appeals.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE “B” BENCH : PUNE

Before: SHRI RAMA KANTA PANDA & MS. ASTHA CHANDRA

Hearing: 23.01.2025Pronounced: 24.01.2025

Assessee are directed against the order dated 08.03.2024 of the learned CIT(A), Pune-12, Pune, for assessment year 2011- 2012. For the sake of convenience, both the appeals were heard together and are being disposed of by this consolidated order.

2 ITA.Nos.1308 & 2146/PUN./2024

2.

The Learned Counsel for the Assessee, at the outset, submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.60 lakhs. He accordingly submitted that the appeal filed by the Revenue is not maintainable as per CBDT’s latest Circular no.F.No.279/Misc./M-74/2024-ITJ dated 17.09.2024 wherein the CBDT has prescribed the tax limit up-to 60 lakhs even for the pending appeals before the Tribunal. He submitted that he does not want to press the appeal filed by the assessee.

3.

The Learned DR fairly conceded that the tax effect involved in the grounds of appeal raised by the Revenue is below Rs.60 lakhs.

4.

In view of the above submissions made by both the sides and considering the fact that the tax effect involved in the Revenue’s appeal is admittedly below Rs.60 lakhs, the appeal of the Revenue is dismissed being not maintainable.

The appeal filed by the Assessee is also dismissed in view of the submission of the Learned Counsel for the assessee.

5.

In the result, appeal filed by the Revenue and appeal filed by the Assessee are dismissed. A copy of this common order be placed in the respective case files.

3 ITA.Nos.1308 & 2146/PUN./2024

Order pronounced in the open court on 24.01.2025.

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