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Facts
The Revenue filed appeals for assessment years 2016-17 and 2017-18. The appeals were filed against orders of the CIT(A). The total tax effect in each appeal was stated to be less than Rs.60,00,000/-.
Held
The Tribunal noted that as per CBDT instructions, appeals with a tax effect below Rs.60,00,000/- should not be filed before the Tribunal. Both parties agreed that the appeals were not maintainable on this ground.
Key Issues
Whether appeals filed by the Revenue are maintainable when the tax effect is below the monetary limit prescribed by the CBDT.
Sections Cited
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
(B) At the time of hearing before us, it was observed, on perusal of Form-36, in which the appeals have been filed, that the total tax effect is stated to be less than Rs.60,00,000/- in each appeal. As instructed by Central Board of Direct Taxes, for filing the appeal in Income Tax Appellate Tribunal against order of the learned CIT(A), if the tax effect is upto Rs.60,00,000/- no appeal should be filed by Revenue before the Income Tax Appellate Tribunal. Representatives of both sides, the learned Sr. D.R. for Revenue and the learned Counsel for the assessee were in agreement that the tax effect being below Rs.60 lac in each of the appeal, the appeals filed by Revenue are not maintainable and should be dismissed.
(C) In view of foregoing and as representatives of both sides are in agreement on this, the appeals of Revenue are dismissed in limine without going into the merits of the case.
(D) By way of abundant caution, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeals if it is found that the total tax effect in each of the present appeals is more than the monetary limit prescribed by CBDT.
(D) Since the appeals filed by the Revenue have been dismissed due to low tax effect, the Cross Objections filed by the assessee have become infructuous and are dismissed.
& 204/Lkw/2025 C.O.No.45 & 46/Lkw/2025 3 (E) In the result, the appeals filed by Revenue are dismissed as not maintainable and the Cross Objections filed by the assessee are dismissed as infructuous.
(Order pronounced in the open court on 29/07/2025)