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Facts
The revenue filed appeals against orders for AY 2008-09 and 2009-10. The tax effect for AY 2008-09 was Rs. 58.29 Lacs and for AY 2009-10 was Rs. 58.03 Lacs. The assessee also had appeals which were not pressed due to smallness of amounts.
Held
The Tribunal held that the revenue's appeals were not maintainable due to low tax effect, referencing CBDT Circular No. 5 of 2024 which sets a monetary limit of Rs. 60 Lacs for appeals. The assessee's appeals were dismissed as not pressed.
Key Issues
Whether the revenue's appeals are maintainable before the Tribunal given the low tax effect as per CBDT guidelines. Whether the assessee's appeals should be dismissed as not pressed.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH CHANDIGARH.
Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Per Bench 1. The revenue is in further appeal for Assessment Years (AY) 2008-09 & 2009-10 against separate orders of learned first appellate authority. During hearing, it transpires that the revenue’s appeals are not maintainable on account of low tax effect. The tax effect in AY 2008-09 has been mentioned as Rs.58.29 Lacs whereas tax effect for AY 2009-10 has been mentioned as Rs.58.03 Lacs. The impugned orders have been passed by Ld. CIT(A) on 08-05-2018, Appeal Nos.431/10-11 and 551/11-12. This position could not be disturbed by revenue. Accordingly, the revenue’s appeals are not maintainable on account of low tax effect Circular No. 5 of 2024 as issued by CBDT on 15-03-2024 which prescribe monetary limit of Rs.60 Lacs before an appeal could be preferred by revenue before Tribunal. Considering the same, both the appeals stand dismissed. 2. The Ld. AR stated that the assessee’s appeals are not being pressed due to smallness of amounts or due to the fact that the issues as contained therein have become revenue neutral. Accordingly, both these appeals stand dismissed as not pressed. 3. All the appeals stand dismissed. Order pronounced on 20-05-2025. Sd/- Sd/- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER लेखा सद� /ACCOUNTANT MEMBER Dated: 20-05-2025.
आदेश की �ितिलिप अ�ेिषत / Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF ASSISTANT REGISTRAR
ITAT CHANDIGARH