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Facts
The Revenue filed an appeal against the order of the Ld. CIT(A) for A.Y. 2014-15. The assessee submitted that the appeal was hit by CBDT Circular No. 09 of 2024, which revised monetary thresholds for tax effects. The tax effect in this case did not exceed the revised limit.
Held
The Tribunal held that the CBDT Circular No. 09 of 2024 was applicable. Consequently, the appeal filed by the Revenue was dismissed as not maintainable, while allowing the Revenue to seek restoration on grounds of inapplicability of the circular.
Key Issues
Whether the appeal filed by the Revenue is maintainable in light of the CBDT Circular No. 09 of 2024 regarding tax effect limits.
Sections Cited
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Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: SHRI SIDDHARTHA NAUTIYAL & SHRI NARENDRA PRASAD SINHA
(Assessment Year: 2014-15) Deputy Commissioner of Vs. Nagesh Kumar Agrawal-HUF, Income Tax, 207, Fortune Tower, Circle-1(1)(1), Saiyajigunj, Vadodara Vadodara-390021 [PAN No.AADHN4672A] (Appellant) .. (Respondent) Appellant by : None Respondent by: Shri Sudhakar Verma, Sr. DR Date of Hearing 21.01.2025 Date of Pronouncement 22.01.2025 O R D E R
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
This appeal has been filed by the Revenue against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre, (in short “NFAC”), Delhi vide order 21.06.2024 passed for A.Y. 2014-15.
At the time of hearing, it was submitted by the Ld. AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No. 09 of 2024 dated 17.09.2024 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.60 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.60 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.
The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 09 of 2024. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.
In the result, the appeal of the Revenue is dismissed. This Order pronounced in Open Court on 22/01/2025