DCIT, CIRCLE, PATIALA, PATIALA vs. THE FATEHGARH SAHIB CENTRAL CO-OP. BANK LTD., H. O. SIRHIND

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ITA 789/CHANDI/2023Status: DisposedITAT Chandigarh15 January 2025AY 2017-18Bench: SHRI RAJPAL YADAV (Vice President), SHRI KRINWANT SAHAY (Accountant Member)1 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 the appeal filed by the Revenue was not maintainable due to low tax effect, as per CBDT Circular No.09/2024. The dismissal was without prejudice to any exceptions mentioned in the circular.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A). The tax effect involved in the present appeal was found to be below the prescribed monetary limit for filing appeals before the Tribunal.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the low tax effect, as per the prevailing monetary limits prescribed by CBDT Circulars.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

आदेश/Order Per Krinwant Sahay, A.M.:

Appeal in this case has been filed by the Revenue against the order of the ld. CIT(A) NFAC, Delhi dated 04.11.2023 pertaining to assessment year 2017-18.

It is noted that the tax effect involved in the present appeal is below the prescribed monetary limit of Rs. 60 lacs for filing the appeal before the Tribunal. Accordingly, in 789-Chd-2023 The Fatehgarh Sahib Central Co-op Bank Ltd., Sirhind 2 terms of the CBDT Circular No.09/2024 dated 17.09.2024, wherein the Department has specified the monetary limit for an appeal to be filed by the Revenue before the ITAT as Rs. 60 lacs, the appeal so filed by the Revenue is not maintainable.

In view of the above facts and circumstances, the present appeal filed by the Department is dismissed due to low tax effect with a liberty to seek recall in case the matter falls under any of the exceptions so carved out in the aforesaid circular.

It is, however, clarified that the dismissal of the above appeal shall not be taken to be affirmation of the order of the CIT(A) on merits. The legal issue raised by the Revenue is being left open to be adjudicated in an appropriate case.

In the result the appeal of the Revenue is dismissed.

Order pronounced on 15. 01.2025.

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